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(영문) 광주지방법원 2018.10.11 2018고단3200

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, while under the influence of alcohol level of 0.140% on July 14, 2018 at around 20:10, the Defendant driven a 500-meter Category Crocketing car from the front Do of the Gwangju Mine Center, and driven down from the waterside of the two tunnels south of the 2nd of the entrance of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the Gwangju Mine District.

2. The victim D(45 years old) who had been driving on the left side of the car driving direction by neglecting the duty of care to drive safely, such as complying with the signal, and caused the victim's unregistered motor bicycle riding on the front part of the car, which was driven by the victim D(45 years old) who violated the signal while neglecting the duty of care to drive safely by failing to do so. The victim suffered the loss of hand, where the number of medical treatment days cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Statement of opinion;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)2 and 44(1) (the point of drinking alcohol, the choice of imprisonment), Article 3(1), the proviso to Article 3(2)1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor) concerning the crime;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the punishment shall be imposed by imprisonment within the scope aggregated with the maximum term of the punishment specified in each of the above crimes, but the minimum term of the punishment specified in the crime of violation of the Road Traffic Act (driving)] / [the type of the decision] type 1 (Bodily Injury resulting from Traffic Accidents) [Special Sentencing] - In the case of driving under influence of alcohol] basic area [the scope of the recommendation] - April to one year [the scope of the recommendation] - In the case of driving under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the previous conviction that does not constitute a repeated crime [the sentence].