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(영문) 창원지방법원 마산지원 2018.04.24 2018고단12
교통사고처리특례법위반(치상)등
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

Criminal facts

The Defendant is a person who is engaged in driving a B halog car.

On December 21, 2017, the Defendant driven the said car under the influence of alcohol content of 0.158% during blood transfusions on the 0.158%, and driven the road front of the 119 fire-fighting boat 200, which is located on the coast of Changwon-si, Masan-si, Changwon-si, in front of the 119 fire-fighting boat, along the coast of Changwon-si, Etim-si, the Defendant, by negligence in the course of business, who did not make the front-way city under the influence of alcohol and did not breath off the city under the influence of alcohol, and caused the back crime of the passenger car to the front-way of the said other car.

After all, the Defendant suffered injury, such as salt, tension, etc., by occupational negligence, in need of approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis for C;

1. Application of Acts and subordinate statutes to notify the occurrence of a traffic accident, report on the scene of the traffic accident, report on the actual condition of the driver in charge, report on the investigation (report on the situation of the driver in charge), and report on the results of regulating the driving of alcohol;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation and the choice of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of drinking alcohol driving and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (limited to the sum of the long-term punishments of the above two crimes) shall be aggravated (limited to the sum of the punishments of the above two crimes) for the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which are heavier than the punishment, and the punishment shall be punished by imprisonment (limited to the lower limit of the punishment prescribed for the crimes of violation of traffic laws on roads);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to attend lectures;

1. The scope of punishment by imprisonment: Six months to six years;

2. The scope of recommended punishment according to the sentencing criteria: Imprisonment with prison labor for not less than eight months but not more than two years.

(a)types:

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