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(영문) 대구지방법원 2019.05.02 2019고단1051
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. On June 8, 2009, the Defendant has been sentenced to a fine of four million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on the same day, and one year and six months by imprisonment with prison labor for the same crime in the same court on February 19, 2010.

On September 4, 2014, at around 17:05, the Defendant driven an Eone Star vehicle under the influence of alcohol concentration of about 0.113 percent from a section of approximately 100 meters from the street in front to the front of D apartment at the same time.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the business of driving Esch Rexroth vehicles.

At the front of the above D apartment at the same time, the Defendant, while driving the above D apartment vehicle and making a left-hand turn to the light view, was negligent in the course of business in which he was unable to accurately operate the steering direction and brake system while under the influence of alcohol and did not operate the steering direction and steering system, and caused the victim F (W, 8 years of age) who was walking on the right-hand side of the said Lone Star vehicle, being towed by the victim F (W, 8 years of age) who was walking on the right-hand side of the said Lone Star vehicle, and was in excess of the victim, thereby resulting in the victim's injury to the end of the closed Y, which requires about 10 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. A medical certificate;

1. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports (report accompanied by a copy of the same type of power judgment, etc.);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, 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;

1. Among concurrent crimes, the reasons for sentencing in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, including imprisonment with prison labor due to drinking driving.

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