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(영문) 광주지방법원 목포지원 2013.08.01 2013고단865

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

The Defendant is a person who drives two cargo vehicles: B.

On May 7, 2013, when the Defendant was under the influence of alcohol by 0.123% on blood alcohol level around 03:50, the Defendant was driven by the victim C (year 72) who was under the influence of alcohol due to the Defendant’s negligence while neglecting the duty of Jeonju City due to his occupational negligence while driving a road in front of the road in front of the road in the direction of the Yanan-gun, U.S., U.S., the Yan-gun (U.S.) at the seat of the Yan-gu, U.S., the Defendant was driven by the victim C (year 72) who was under the influence of alcohol level.

As a result, the Defendant suffered injury to the victim C, such as the right-side executives in need of treatment for about 12 weeks, and injury to the victim D (V, 67 years of age), who was on board the said catus, accompanied by a fatus felf, which requires treatment for about 14 weeks.

Summary of Evidence

Application of Acts and subordinate statutes of the defendant's legal statement, police statement of C, fact-finding report, accident photograph, each diagnosis report, and the detection report of the host driver;

1. Relevant statutory driving for a crime: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 3 (1), proviso to (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

2. Articles 40 and 50 (Mutual Crimes against Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents)

3. Selection of a sentence of imprisonment or imprisonment without prison labor ( Considerations, such as the fact that the negligence of the accused is serious and the injury of the victims is significantly serious, and that there exists a record of being fined due to drinking driving even in 2011);

4. The aggravated punishment of concurrent crimes under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (the subordinate punishment shall be based on the punishment prescribed for the violation of the Road Traffic Act, and the aggravated punishment within the scope of the sum of the long-term amounts of two crimes).

5. The fact that the automobile comprehensive insurance under Article 62(1) of the Criminal Act is subscribed to and agreed to by the victims, and is in excess of the suspended execution.