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(영문) 제주지방법원 2018.11.28 2018고단253

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six 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

1. The Defendant is a person who drives a motor vehicle with soflurd by CAW in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 23, 2017, the Defendant: (a) driven the said vehicle under the influence of alcohol content of 0.110% in blood at around 23:10 on September 23, 2017; (b) was negligent in performing duties such as the duty to see on the right side of the sea at the south bank of Seopopopopois; and (c) was transferred from the victim E (46 years) who is driving the Fpoter Cargo to the right side of the said vehicle at the right side of the said Apour.

Defendant 2 suffered injury to the victim, such as catum dump, which requires approximately two weeks of treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the foregoing C-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Ling-Wed Ling-Wed Ling-Wed Ling-Wed Ling-Wed Ling-Wed Ling-Wed Ling-Wed Ling-Wing

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident investigation report and an accident scene photograph;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the scope of the recommended punishment according to the sentencing guidelines is limited to the category 1 (Bodily Injury resulting from Traffic Accidents) in the basic area (special mitigation) (special mitigation) of the basic area (special mitigation) / driving under the influence of alcohol, etc.;

2. The blood alcohol concentration at the time when the sentence of sentence is determined is high;