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(영문) 창원지방법원 2014.02.11 2013고단3458

교통사고처리특례법위반등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on December 15, 2006, issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act, and on April 19, 2010, issued a summary order of KRW 1.5 million for the same crime by the same court and violated Article 44(1) of the Road Traffic Act not less than twice.

At around 23:10 on October 18, 2013, the Defendant driven a B Sti-type car with a alcohol content of 0.180% on blood alcohol level, and proceeds as a general sports ground room on the side of the intersection, which is located in the two-lanes of Changwon-si, the Defendant, while driving a B Sti-type car at the front of the Defendant’s driving vehicle, due to the negligence of driving the victim C(34 years old) who is traveling in the front bank due to the influence of alcohol, led to the rear part of the Defendant’s driving vehicle.

As a result, the Defendant caused the victim to suffer from the injury of the climatic and climatic salt, which requires approximately three weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and a photograph of an accident vehicle;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to investigation reports and diagnosis reports;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

5. The defendant, who had been punished twice due to the reasons for the sentencing of Article 62-2(1) of the Criminal Act, also caused a traffic accident while driving under the influence of alcohol at the same time, and the drinking level of this case is not lowered.