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(영문) 광주지방법원 2014.02.06 2013고단1756

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 23, 2009, the defendant was sentenced to five months of imprisonment with prison labor at the Gwangju District Court for the violation of the Road Traffic Act and six months of imprisonment with prison labor for the violation of the Road Traffic Act at the Gwangju District Court on October 11, 2007.

At around 13:50 on March 7, 2013, the Defendant, while drunkly driving a two-way cargo vehicle with a blood alcohol concentration of 0.098%, proceeded from the two-way bank in the two-way bank in the vicinity of the Korean power station in Gwangju North-gu. The Defendant, as a road with a central line of yellow solid lines, was in the front section of the Defendant’s trucking parts of the victim C (n, 54 years old) driving beyond the median line (n, 54 years old), who was negligent in performing his duty of care to safely drive the lane in a safe manner while neglecting the duty of care to safely drive the lane.

As a result, the Defendant suffered, by these occupational negligence, injury to the victim C, such as pressing the bones of the bones No. 3 at the right side, which requires four weeks of medical treatment, and injury to the victim E (V, 56 years of age) who was aboard the Defendant’s cargo, such as mination and mination of the right-hand body in need of medical treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. Each written diagnosis;

1. The actual condition survey report and photographs;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: The application of criminal records and copies of written judgments;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for a crime of violating the Road Traffic Act in the choice of punishment, and a sentence of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The sentencing of Article 37 (former part), Article 38 (1) 2 and (2), and Article 50 of the Criminal Act to increase concurrent crimes.