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(영문) 대구지방법원 2017.12.07 2017고단5745
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

1. On April 16, 2017, the Defendant was under the influence of alcohol content of 0.137% in blood transfusion around 23:40 on April 16, 2017, driving the instant Ep-based Track-based truck from approximately 10 meters in front of the entrance of the D-based care hospital located in Daegu Gyeongsi-si B, Daegu Gyeongsan-si, under the influence of alcohol content of 0.137%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents was under the influence of alcohol content of 0.137% during the day-to-day surgery as stated in the above paragraph (1) and was in the same way driving of the above off-to-day cargo vehicle, and had two lanes in front of the D-to-face care hospital located in Daegu Gyeongsan-si B, Daegu Gyeongsan-si, with two lanes from the riversides to the side of D-to-face care hospital, and had a U.S. to proceed to the opposite line. Since there was a center line of the yellow solid lines, a person engaged in driving service had a duty of care to provide an internship at the point where the U.S. is permitted.

Nevertheless, while neglecting this, the part on the left side of the G-wheeled Vehicle of the victim F (30 Do) driving, which took place on the opposite side by the negligence of the pedaling the central line, was taken as the part front of the right part of the braced Cargo, and suffered the victim's injury, such as the right-hand boom, which requires treatment for about two weeks for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of drinking);

1. Selection of imprisonment without prison labor or 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act, the type of ordinary traffic accident (the traffic accident).

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