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(영문) 인천지방법원 2013.07.25 2013고단1345

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The defendant is a person who is engaged in driving a C Tran car.

On January 19, 2013, the Defendant driven the said vehicle while under the influence of alcohol of 0.240% with a blood alcohol concentration of 0.25%, and caused the injury to the victim G (the 32 years old), the same passenger, who is the victim of the said vehicle, to the victim G (the 55 years old), who is the victim of the said vehicle, by the negligence that the victim D (the 55 years old) driven the center line and her normally driven on the part where she was under the influence of alcohol due to the negligence that the victim D (the 55 years old) failed to properly operate the free space, and caused the injury to the victim of the said vehicle, such as the f (the 53 years old), the victim of the said vehicle, who is the victim of the said vehicle, for three weeks in need of treatment, such as the fatter, and the victim of the said fatter (the 32 years old-old passenger), for two weeks in need of treatment in the same week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Request for appraisal and report on the circumstantial statements of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The point of gross negligence resulting from occupational traffic in the corresponding legal provisions concerning the crime: Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act;

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

1. Determination of imprisonment without prison labor and imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes. Article 50 (Aggravation of concurrent crimes concerning the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever punishment is heavier, but the lower limit of such concurrent crimes shall conform to the lower limit

1. Discretionary mitigation;