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(영문) 광주지방법원 2018.06.12 2018고단1408

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM7 car.

On March 1, 2018, while under the influence of alcohol 0.068% during blood, the Defendant driven the said car with a alcohol content of 0.068% at around 06:40%, and was negligent in performing two-lanes along the two-lanes on the west-gun officer’s 25km away from the west-gun’s upstream of the Coastal Highway, which is located in Seoul, along the said two-lanes on the road, and was negligent in performing his duties at the front of the Defendant’s day by negligence in the course of performing his duties, and caused the victim’s back part of the DaM5 vehicle that was proceeding in the Defendant’s front of the said SM7 car to suffer approximately 12 weeks in the middle of the said SM7 car requiring the victim’s treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Photographs photographs, such as the scene of an accident;

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

1. Notification of 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 According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

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. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend, the Reasons for sentencing [the type of determination] - Type 1 (Bodily Injury or Injury by Traffic Accidents) of the General Traffic Accidents - The elements for mitigation - The elements for mitigation : In the case of driving alcohol, etc. - the basic area [the scope of the recommended punishment] from April to one year [the scope of the recommended punishment] - In the case of driving alcohol, etc. - the basic area [the general sentencing person] from April to one year [the scope of the recommended punishment] - The elements for mitigation - the purchase of comprehensive motor vehicle insurance, there is no history of criminal punishment - (1 type] - The main factors for mitigation - The existence of serious injury other than the injury