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(영문) 춘천지방법원 2018.01.11 2017고단945

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a rocketing car.

On August 11, 2017, the Defendant driven the said car under the influence of alcohol level of 0.161% from blood alcohol level on around 21:50, while driving the said car, and driving it to the left from the direction of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the Defendant was under the influence of the Plaintiff E (61) who was under the influence of alcohol due to occupational negligence and was under the influence of the influence of alcohol, and was under the influence of the front part of the Defendant’s vehicle.

The Defendant suffered from the injury of the victim E and the victim G (38 tax) who was on board the taxi due to these occupational negligence, in need of two-day medical treatment.

2. On August 11, 2017, the Defendant: (a) driven a B rocketing car under the influence of alcohol content of about 0.161% from the 1km section to D’s front roads located in the Gangwon Hongcheon-gun bus Terminal, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the Hongcheon-gun, the Defendant, at around 301, driven the B rocketing car under the influence of alcohol level of about 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on actual condition, notification of the results of the crackdown on driving of alcohol, report on the circumstances of the driver of the vehicle in charge, report on the occurrence of each traffic accident, report on internal investigation - report on the situation, etc., report on the case of report 112, each diagnosis report, investigation report, and the application of Acts and subordinate statutes attached to vehicle booms

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, 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 (the point of driving alcohol) concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;