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(영문) 광주지방법원 2019.01.10 2018고단4360
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 August 18, 2018, while under the influence of alcohol by 0.231%, the Defendant driven a 100km Do near the breakwater located in the ancient Donnam-gun, Jeonnam-do, and led the Defendant to drive a Habrid Dond Had Dond Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had k.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. On-site photographs;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to each medical certificate and opinion;

1. Relevant provisions of Article 148-2 (2) 1, 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 Article 38 (1) 2 and 2, and Article 50 of the Criminal Act [limited to imprisonment with prison labor, but a violation of the Road Traffic Act (limited to a crime of running under the influence of alcohol);

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