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(영문) 대구지방법원 서부지원 2014.07.17 2014고단490
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 was sentenced to a fine of two million won by the Suwon District Court on October 17, 2008 for the crime of violation of the Road Traffic Act, and was sentenced to a fine of three million won by the same court on June 11, 2010.

The defendant is a person who is engaged in driving a B carren.

On January 26, 2013, the Defendant was under the influence of alcohol of 0.150% by blood alcohol concentration at around 17:38, the Defendant was driving the said maid vehicle at one-lane in front of the Seoul U.S. agency located in the Dosan Islands in the Gannam-gun, the elderly Man-gun. In such a case, the Defendant was negligent in driving the D maid knick while driving the vehicle due to negligence while neglecting the duty of care to prevent the accident by driving the vehicle, despite the fact that the Defendant had a duty of care to prevent the accident by driving the vehicle due to negligence while driving the vehicle due to negligence while driving the vehicle by the victim C(57 years of age).

The Defendant suffered injury to the victim, such as catum salt, etc. in need of treatment for about three weeks due to the shock.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the development of stowings;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. 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, 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 (the point 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. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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