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(영문) 부산지방법원 2019.03.13 2019고단96
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 October 11, 2018, the Defendant driven a B K7 car with a blood alcohol level of 0.086% 0.086% around 05:20, while driving on the side of the D pharmacy located in Busan Jin-gu C along three-lanes in the front side of the D pharmacy located in Busan Jin-gu, and neglected to perform the duty of the ebbbbbbbbing in the front line, due to negligence on the part of the victim E (the 49-year-old driver) who was under the influence of alcohol, thereby suffering from the injury of the victim, such as light salt, tension, etc. in need of two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A traffic accident report;

1. A medical certificate;

1. Requests for appraisal, and the application of Acts and subordinate statutes of the blood alcohol appraisal report;

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 According to Relevant Acts and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Crimes concerning the Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever the punishment is heavier,

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents (In the case of punishment (4-1 year) and the basic area (4-1 year) of the type of traffic accident (special mitigation) and drinking driving, etc. [decision of sentence] disadvantageous elements: The defendant's previous conviction of a fine due to an escape vehicle is one time and causing a traffic accident in the state of drunk driving is favorable factors that the defendant inflicts bodily injury on the victim: The degree of injury of the victim is relatively heavy and the defendant reflects his mistake, and the above sentencing guidelines and sentencing factors are agreed to be reached.

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