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Reasons
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(영문) 대전지방법원 2014.05.16 2014고단26
교통사고처리특례법위반등
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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

1. Around 04:00 on November 23, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) the Defendant driven a DNA Lone Starex Cornex with a blood alcohol level of 0.102% and caused damage to each of the victims, such as the victim’s injury to the front part of the driver’s vehicle and the subsequent part of the Gone Star Cornex, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, by using two lanes, while driving at the speed of 60 to 70 km in the speed from the Jigi-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon: (b) the Defendant neglected the front part while under the influence of alcohol; (c) the victim E (47 years old); and (d) the victim’s injury to each of the victim’s vehicle stopped in the front part, and (d) the victim’s injury to each of the latter part, such as the victim’s injury to the vehicle.

2. Around 03:40 on November 23, 2013, the Defendant driven a Done Star Co., Ltd. under the influence of alcohol content of about 0.102% at a section of about 8km, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon, and the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the EEC;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 3 (1), the proviso of 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 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

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, choice of imprisonment without prison labor or imprisonment for the violation of the Road Traffic Act;

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

1. Suspension of execution;

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