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(영문) 제주지방법원 2014.02.14 2013고단1722

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around 04:45 on November 11, 2013, the Defendant was under the influence of alcohol with 0.081% of blood alcohol concentration. Around 04:081%, the Defendant driven a B SP-type car and passed along the two-lanes of the 3-lane road in the city of east-gu in the city of east-gu in the city of east-do by driving the SP-dong in the city of east-gu along the two-lanes of the east-do 3-lane. The Defendant was under the intersection where the traffic control is not performed, and the vehicle is crossing due to the operation of the red flashing signal on the direction of the Defendant’s vehicle, and the Defendant was negligent in performing the duty of care to prevent the accident while under the influence of alcohol, and the Defendant was under the influence of driving the above SP-type on the part of the victim C(71 years old and 71 years old and suffered the victim’s injury to the left side of the vehicle and suffered the victim’s injury on the left side.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a report on the results of the crackdown on drinking driving, field map, field photograph, survey report on actual condition, and medical certificate;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the point of a sound driving). In regard to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, imprisonment without prison labor and

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and (2), and 50 of the Criminal Act (within the scope of aggregated punishment with imprisonment and long-term punishment);

1. Suspension of execution: The scope of recommendation and sentence on the grounds of sentencing in Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing), [in the case of traffic crimes group, general traffic accidents, types 1 and basic areas (the special areas: the illegality in the proviso of Article 3(2) of the School Special Act is serious;