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(영문) 대전지방법원 논산지원 2014.05.27 2014고단86

교통사고처리특례법위반등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. Around 20:10 on January 14, 2014, the Defendant driven a B rocketing car under the influence of alcohol content of about 700 meters from the front of the assigned Eup/Myeon office located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do to the front of the cafeteria of the same Eup/Myeon to the cafeteria of the same Eup/Myeon.

2. On January 14, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 20:10, while under the influence of alcohol, was negligent in the course of business, while driving the said rocketing car and driving the said two-lane road in front of the restaurant “Sscoowon” located in the Sungdo-Eup, Cheongwon-dong, Chungcheongnam-gun, Chungcheongnam-nam, toward the designated intersection at the direction of the police station granting the two-lane, while driving the two-lane road, without sufficiently examining the right and the right and the right of the front road and driving the Da (n, 33 years old).

As a result, the Defendant suffered injury to the victim C, such as brain salute, which requires a medical treatment for about three weeks, and injury to the victim E (ma and 39 years of age) who was on board a damaged vehicle, such as brain salute which requires a medical treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each police statement in C and E;

1. Application of each of the Acts and subordinate statutes described in the traffic accident report, the actual condition survey report, the circumstantial statement of the driver concerned, and each diagnosis report;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of causing a traffic accident, the choice of imprisonment without prison labor), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving, and the choice of imprisonment)

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

1. Selection of a sentence of imprisonment with prison labor for a violation of the Road Traffic Act, and a sentence of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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