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(영문) 대전지방법원 공주지원 2018.04.06 2018고단78

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On August 29, 2012, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million due to a violation of road traffic laws at the Jeonju District Court on March 13, 2015. On March 13, 2015, the Defendant was sentenced to imprisonment for 4 months and two years and six months, and completed the execution of the sentence at the Jeonju District Court on February 18, 2017.

[2] Around October 17, 2017, when the Defendant driven a No. CN city car with alcohol content of 0.114% at around 00:22, while under the influence of alcohol, and proceeds in two lanes from the 2nd parallel of the two-lanes in the mountain of the Yan Island located at the front side of the No.S. Sinan City, the Defendant obtained a part on the right side of the victim D (n, 41 years old) driving along the same room as the Defendant under the influence of alcohol, and suffered approximately two-lanes from the front left side of the No.S. car and the injury of the No.S. for two-time medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D (the occurrence of traffic accidents);

1. Reporting of a traffic accident (1) (1) and reporting of a traffic accident (2) (2) (2));

1. A copy of a medical certificate (D);

1. An accident scene photograph;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(1)1 and 44(1) (the point of drinking alcohol, the choice of imprisonment), Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the choice of imprisonment without prison labor) concerning criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing criteria for crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents;