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(영문) 대구지방법원 2016.11.29 2016고단3884
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 21:55 on June 23, 2016, the Defendant driven a fluent XG car in a state of alcohol alcohol concentration of about 0.157% in a section of approximately 500 meters from the C office located in Yongcheon-si B to E located in Yongcheon-si D.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving service of the said car.

On June 23, 2016, the Defendant driving the said car at around 21:55, and driving the two-lane road in front E in Yongcheon City D along the two-lanes from the median distance to the intersection of Western C, and changing the two-lanes into the one-lane. As seen above, the Defendant was negligent in the course of duties due to the negligence in neglect of the duty of the front left left left left and failed to accurately operate the steering system and the steering gear, which was driven along the same one-lane from the rear bank, and received the part of the H/O part of the victim G (the age of 41) driving that was driven along the same one-lane from the rear bank.

Ultimately, the Defendant suffered injury, such as cage cage cages, which requires approximately six weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The provisions of Acts and subordinate statutes as a result of the drinking driving control, and a report on actual condition survey;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the occupation of

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending sentence] are as follows: the basic area (4-1 year) of the first type of traffic accident (4-1 year) (including special mitigation) and the case of drinking driving, etc. (including serious efforts to recover from damage).

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