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(영문) 부산지방법원 2016.10.12 2016고단3904

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 drives B knife knife.

On June 12, 2016, the Defendant, without obtaining a driver's license on June 17:25, 2016, driven the above van while under the influence of 0.160% alcohol level, and neglected to perform the duty of front-time care at a speed of about 20-30 km from the area of the lower village to the area of the south-dong. When the Defendant neglected to perform the duty of front-time care at a speed of about 20-30 km, the Defendant sustained the injury of the victim C driver's DDa-Mam Cor, which was driven by the Defendant, to the front part of the above van driver's driving, and caused the injury of the son's open top, which does not cause damage to the kle that requires two weeks medical treatment to the victim who was on board the above Damam Ham Ham Ham., and caused the injury of the victim, such as the above 2 week air shoulder and the above string.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the corresponding Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of penalty of imprisonment or imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 38 (2) and 50 of the same Act for the increase of concurrent crimes;

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

1. The reason for sentencing sentencing in Article 62-2 of the Criminal Act on the order to take a probation instruction does not present a separate criteria for regular concurrent crimes, so this case does not apply to this case.

Although the nature of the crime in this case is not good, there is no criminal record exceeding the fine, and there is a comprehensive insurance.