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(영문) 대구지방법원 서부지원 2018.05.14 2017고단2100
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C car.

On August 14, 2017, the Defendant: (a) driven the said vehicle under the influence of alcohol content of 0.094% in blood at a 0.094%; and (b) took part of the victim F driver’s G driver’s license, which was parked in the front of the Defendant’s vehicle in the direction of the Defendant’s course, while driving the two lanes from the middle to the middle of the month of the city of Daegu to the middle of the E station in the middle of the city of Daegu, the Defendant was in the front of the Defendant’s vehicle, and the Defendant was in the front of the Defendant’s vehicle, on the other hand, while driving the three lanes from the front of the E station in the middle of the city of Daegu to the middle of the month of his departure.

Defendant 1 suffered, by such occupational negligence, the injury of the victim F and G vehicle Easter J and K, and K, the injury of satitiss, etc. requiring approximately two weeks of medical treatment, the injury of the satisfy in the event that the same passenger L is in need of approximately two weeks of medical treatment, and the injury of the satisfy in the face that requires approximately two weeks of medical treatment to the victim H.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 3 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of imprisonment without prison labor for crimes violating the Traffic Act at the option of punishment, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

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. Article 62(1) of the Criminal Act:

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