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(영문) 대구지방법원 안동지원 2014.05.16 2013고단784
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2013, the Defendant, who is engaged in driving freight B, was driving the said freight at a level of 0.121% alcohol concentration in blood around 16:34 on November 17, 2013, while driving the said freight at a level of 0.121%, and was driving at a speed of about 70km per hour at a speed of 50km from the room of a female natural recreation forest.

In such a case, a person engaged in driving of a vehicle has a duty of care to keep his vehicle from the opposite line if there is a center line, but the Defendant was negligent in proceeding beyond the center line and thereby, the Defendant received the front part of the left-hand part of the D Ecoo motor vehicle driven by the victim C, which was driven by the opposite line, as the front-hand part of the freight vehicle.

Ultimately, the Defendant suffered, by negligence, the injury to the victim E (10 years of age), the victim F, and the victim G, such as salt, tensions, etc. of the bones that require approximately two weeks of medical treatment, and the injury to the victim H, such as salt, tensions, and so on, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of each written diagnosis to detection of a host driver and each statute;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the violation of the Road Traffic Act, imprisonment shall be sentenced

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

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of the favorable reasons for the suspended execution);

1. The defendant is on the grounds of sentencing under Article 62-2 of the Criminal Act.

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