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(영문) 대구지방법원 영덕지원 2018.09.19 2018고단118
교통사고처리특례법위반(치상)등
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 a period of 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 of Hegel Doba.

On May 13, 2018, the Defendant, while under the influence of alcohol 0.172% during blood transfusions around 16:0, while driving at the bottom of the heung-gun, according to three lanes in front E-lane D, the Defendant neglected his duty of care to prevent traffic accidents by accurately operating the steering gear and operating the steering gear for the vehicle at the intersection. On the part of the driver’s vehicle at the front part of the driver’s vehicle, the Defendant’s driver’s vehicle at the front part of the Fanland, which was stopped at the front part of the driver’s vehicle at the front part of the driver’s license, and the driver’s driver at the front part of the 56-lane and the passenger’s Ha (the driver at the 56-year driver at the 53-year driver, the 53-year driver, and the 53-year driver at the 53-year driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. G Police Statements;

1. Report on the occurrence of a traffic accident, report on the situation of a driver driving, report on the results of regulating the driving of drinking, report on the actual condition, and inspection on the actual condition, respectively;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 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 a sentence of imprisonment without prison labor for a crime violating the Traffic Act at the option of a sentence, against an injury resulting from the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Article 37 (former part), Article 38 (1) 2 and Article 38 (2) and Article 50 (the punishment shall be aggravated by concurrent crimes resulting from the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment, and shall be punished by imprisonment with prison labor (the above two crimes).

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