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(영문) 대구지방법원 안동지원 2014.07.04 2014고단61
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

On November 17, 2013, the defendant, who is engaged in driving of TG car, was under the influence of alcohol 0.141% under the influence of alcohol at around 00:40 on November 17, 2013, and was under the influence of alcohol 0.141% at the same time, and was under the influence of alcohol, the defendant was under the influence of the roads prior to the wooden school distance in front of the front of the Flag-dong in the boundary of the Bocheon-ri Inter-

A person engaged in driving service has been negligent in neglecting the duty of care to drive a day well and driving safely, and by neglecting it, he/she was driven by the victim C (30 years of age) who was in the atmosphere of the signal in front of the course, and received the part concerning the rear part of the vehicle in front of the Defendant.

As a result, the Defendant suffered, by negligence, the injury to the victim C such as salt, tensions, etc., in need of approximately two weeks of treatment, the injury to the victim E (the 55 years old), who is the passenger of the victimized vehicle, and the injury to the climatic base, tensions, etc. requiring treatment for about three weeks of treatment, and the injury to the same victim F (the 28 years old), such as salt, tensions, etc. requiring treatment for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on detection of drivers, traffic accident reports, and diagnosis certificates;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the 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, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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