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(영문) 대구지방법원 2017.09.21 2017고단4083
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 14, 2015, the Defendant was issued a summary order of KRW 8 million due to a violation of road traffic law (driving), etc. at the Seo-gu District Court’s branch branch on March 14, 2015, and on September 22, 2015, the Defendant violated the duty of prohibition of driving under the influence of alcohol on at least two occasions by receiving a summary order of KRW 10 million due to a violation of road traffic law in the same court on September 22, 2015.

On June 20, 2017, the Defendant driven the said car under the influence of alcohol content of 0.227% during blood, and proceeded in the direction of four-distance in the direction of the driving distance from the original underground roadway located in the ancient-dong of Daegu-gu, Nowon-gu, the Defendant was negligent in the course of business and caused a car to be driven by the C driver who was sent to the front of the signal at the time of the traffic, and was under the influence of the said car at the back of the said car, and the Defendant was under the influence of the said car at the lower part of the car, and was under the influence of the said car, and was under the influence of the said car at around the front part of the car, and was under the influence of the said car, the Defendant was bound by the salt of the car, which requires approximately two weeks medical treatment for the injured party E. who is the passenger of the car.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A medical certificate;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act (the point of drinking), 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 criminal facts;

1. Selection of penalty of imprisonment and imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act is the area where a traffic accident is mitigated (one month to eight months).

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