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(영문) 대구지방법원 서부지원 2018.11.13 2018고단1326
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seo-gu District Court Branch on March 10, 2014, and was sentenced to a fine of KRW 4 million for the same crime in the same court on April 14, 2014.

【Criminal facts】 The Defendant is a person who is engaged in driving of a DSS5 vehicle.

On April 14, 2018, the Defendant driven the said car under the influence of alcohol level of 0.093% from blood alcohol level around 18:40, while driving the said car, and led the two-lanes of the two-lanes to the intersection at the entrance of the Rool IC located in the Kapo-gun of Daegu-gu, Daegu-gu, the Gapo-si, the Gapo-si, the Gapo-si, the Gapo-si, at the slope distance from the slope distance to the Gapo-IC bank.

The Defendant, while under the influence of alcohol, was unable to properly operate the electric steering, steering and brakes, and was placed in front of the Defendant’s car in front of the passenger car, and the part of the back part of the FF-learning car driven by the Defendant, which was driven by signal signal at the front.

As a result, the Defendant driven the said SM5 car while under the influence of alcohol, and caused the injury to the said E, such as crypted salt, which requires approximately two weeks of treatment by negligence in the course of the above duties, and suffered from the injury of the victim G (51) who is the passenger of the said fying car, for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A survey report on actual conditions;

1. Each written diagnosis and written estimate;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquiries, such as the defendant's legal statement, investigation report (the previous and confirmation thereof), copy of the text of the judgment, criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. The Commercial Concurrent Crimes Act.

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