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(영문) 광주지방법원 2019.01.17 2018고단4674

교통사고처리특례법위반(치상)등

Text

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

On October 16, 2018, while under the influence of 0.129% of blood alcohol level, the Defendant driven a B car at the D cafeteria parking lot located in Seo-gu in Gwangju, Seo-gu, and 5 meters backward from the exit from the exit. While the Defendant had a duty of care to safely operate the steering system and brake system, he did not neglect the duty of care, and instead, led the victim to the following part of the F F F F F Fschtonton car driven driven by E by negligence, and caused the victim to suffer from the injury of the cire and tension requiring two weeks of medical treatment, and each of the above cire and tension suffered from the injury of the victim who was on board the chere chere chere knife knife knife knife knife knife knif knif knif knif knif knif knif kk knif kn.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Photographs, such as an accident site;

1. The circumstantial statement of the employee;

1. Application of the Acts and subordinate statutes concerning black boxes and video CDs;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of sound driving), 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 concerning criminal facts;

1. The provisions of Articles 40 and 50 of the Criminal Act (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents).

1. Selection of imprisonment with prison labor and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the crime of violation of the Road Traffic Act in the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the punishment shall be imposed by imprisonment within the scope of the sum of the long-term punishments as provided for in each of the above crimes: Provided, That the short-term punishment as provided for in the Road Traffic Act shall be the lowest limit

1. Article 62 (1) of the Criminal Act;

1. The defendant's error in sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Probation Act is acknowledged, and the case is the same.