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(영문) 광주지방법원 2014.07.16 2014고단1762

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

On April 29, 2014, the Defendant was a person who is engaged in driving of the Dan Dan Car. On or around 14:50 on April 29, 2014, the Defendant was driving the said car, driving the said car at around 60 kilometers near the sub-gu in Gwangju, and driving the car at about 60 kilometers in speed from the surface of the Don Don Don Don 2 to the surface of the Don 60 kilometers, and driving the two lanes from the Don Don 3rd Don Don Don 2, while neglecting the duty of the Don Don Don Don 2, the Defendant did not request the victim to take the above Don Don Don Don Don Don 2, which was driven by the victim with the upper right side part of the said car and caused the victim to take the influence of alcohol and the face of the Defendant's office at the time of the traffic accident inspection in Seo-gu at around 153.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing traffic accident photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (1) 2 of the Road Traffic Act and Article 44 (2) of the Road Traffic Act (the rejection of a drinking alcohol measurement);

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Sentence, imprisonment without prison labor, and the crime of violation of the Road Traffic Act, each selective criminal defendant has a record of being punished three times as a drunk driving, and the criminal defendant has a driving under the influence of alcohol.