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(영문) 전주지방법원 남원지원 2014.10.14 2014고단204

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 August 3, 2014, at around 14:00, the Defendant: (a) driven the said vehicle without a driver’s license while under the influence of alcohol level of 0.064% on the roads in front of Emateart D, Nam-si; (b) while driving the said vehicle into a mountain terminal on the side of the anti-line village without a driver’s license; (c) while under the influence of alcohol level of 0.064%, the Defendant was under the influence of alcohol level, and was under the influence of alcohol and was under the influence of alcohol level, and was under the opposite direction of the Defendant due to the occupational negligence going beyond the median line, and was under the influence of alcohol level of the victim F. (the age of 41) driving while driving the vehicle beyond the median line, the Defendant sustained the Defendant’s injury, such as an influoral dumum

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and H;

1. The actual survey report on traffic accidents;

1. Registers of driver's licenses;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (related to the application of the blood alcohol concentration mark of a suspect);

1. Article 3 (1), Article 3 (2) (proviso) 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) 3, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 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. With respect to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of recommended sentences according to the sentencing criteria;

A. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents [Determination of Punishment] Traffic Offenses, General Traffic Accidents, Type 1 (Bodily Injury resulting from Traffic Accidents): Aggravation of Article 3(2) of the School Special Act.