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(영문) 대구지방법원 상주지원 2014.07.22 2014고단175
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On March 3, 2014, the Defendant: (a) was a person engaged in the driving of B B B B B Daecodi; (b) while driving the said Ortoo in the state of alcohol level of 0.310% on March 16, 2014, the Defendant, while driving the said Ortoo on the surface of the air terminal located in the Chyeong-dong Inter-city bus terminal in the city of Heung-dong, Heungdong; (c) due to the negligence of the Defendant’s driving of C (n, 49 years old) who was driven by the normal signal from the Haban to the mountainside surface while he neglected to perform his duty of care to safely drive the signal while neglecting it; and (d) caused the injury of the victim, who was driven by the Defendant Ortoban in the front part of the left part of D rocketing or the part of the other car, resulting in the injury of cerebrum alk in detail, which requires approximately three weeks treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The first and second police statements concerning C;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Response to the request for appraisal;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, 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 occupation of sound driving and the choice of imprisonment);

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. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] The case where illegality in the proviso of Article 3(2) of the Specialized School Act (the case of a person under special guard) is serious in the area of aggravation of traffic accidents of category 1 in general traffic accident [Article 62(1) [Article 62(1) of the Criminal Act] [Article 3(2) [Article 3(1) of the Special School Regulations [Article 3(1) of the Special School Regulations] The defendant has no record of criminal punishment for the last ten years, the degree of the victim's injury is not much serious, the defendant is insured by the Ortototoa Insurance, and the defendant's age

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