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(영문) 춘천지방법원 2015.10.20 2015고단818

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

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

On July 23, 2015, the Defendant suffered injury, such as salt and tension, from the victim D (the age 29) who was a traffic signal at the front end of the Switzerland-si, Chuncheon-si, by failing to safely drive the said vehicle, while driving the vehicle at the seat of the doctor distance of 0.135% under the influence of alcohol level, due to the negligence that was driven at the seat of the driver’s length distance, while driving the said vehicle at the seat of the publicly known distance. On July 23, 2015, the Defendant got the victim F (the age 29), G (the age 29), and (the age 29) who was on board the said Switzerland-si, on the front end of the Switzerland-si, caused the victim F (the age 28) who was under the influence of the said vehicle to suffer injury by treating the said vehicle by treating the victim (the victim’s age 28) during the given Switzerland-day period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and as to the violation of the Road Traffic Act, each choice shall be sentenced to imprisonment;

1. former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act among concurrent crimes (limited to an aggravated punishment as provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment, but the lowest sentence of the punishment shall be determined for the crime of violation of the Road Traffic Act, and the punishment shall be imposed by imprisonment);

1. The degree of injury of victims caused by the instant accident under Article 62(1) of the Criminal Act is relatively weak and the Defendant’s driver’s vehicle is covered by a comprehensive insurance policy.