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(영문) 대구지방법원 상주지원 2014.08.19 2014고단259
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving of B1 ton cargo. On June 10, 2014, the Defendant was driving the above cargo while driving at around 0.237% of alcohol level around 0.00 and staying at around 0.237% of alcohol level, and was driving on the 153-way road of the 1stn-ro 1,00 in the eth of the eths of the ethic bank in the ethic bank. However, the Defendant did not find the victim C (n, 64 years of age) who was driving on the right side of the said cargo due to occupational negligence, due to which he neglected to perform his duty of care in the front direction due to the influence of alcohol, and suffered the injury of the victim, such as an unknown brain dust, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accident Type I (Special Mitigation: April-10) (including efforts to recover damage) / Cases where illegality is serious in the proviso of Article 3(2) of the Special School Act (the decision of sentence] / Cases where the defendant has no record of criminal punishment for the last ten years, and the defendant has agreed with the victim, and the sentence is imposed as ordered in consideration of the defendant's age, character and nature and environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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