beta
(영문) 제주지방법원 2016.06.30 2016고단618

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in the duties of driving a bandon bandon.

On March 28, 2016, while under the influence of alcohol leveling to 0.084% from blood alcohol leveling around 19:25 on March 28, 2016, the Defendant carried out a two-lane road of 1415 Northwest-ro 100 meters away from the northwest-ri side of the above road, along with the two-lanes of the above road from the northwest-ri side, while neglecting the duty of the former direction, the Defendant saw the victim C (n, 44 years old) (n, 8 years old) who was parked in the atmosphere due to the negligence of his duties and caused the injury to the victim C, E (n, 44 years old), f (n, 42 years old), 42 years old, 42 years old, 42 years old, 42 years old, 42 years old, 42 years old, 4 years old, and 5 years old.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the occurrence of an accident, an investigation report, a traffic accident report (herebity level at the scene of an accident), inquiry into the results of crackdown on drinking driving and a survey report on actual condition;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a crime of violating Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, sex, environment, circumstances after the commission of the crime, and other various sentencing conditions as shown in the argument of this case. In particular, the following circumstances are considered.