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(영문) 광주지방법원 순천지원 2016.02.15 2015고단1776
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On January 29, 2015, the Defendant, while under the influence of alcohol level of 0.143% during blood transfusion around 18:58 on 29:0, 015, was driven by three lanes between three lanes in the direction of a desired hospital, in the direction of a desired hospital.

In such cases, there was a duty of care to prevent accidents by emphasizing a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, led to a shock of the victim D(57 tax) who was under the influence of a vehicle due to the negligence of driving the vehicle under the new subparagraph, with the front part of the vehicle of the Defendant.

Ultimately, the Defendant suffered from the injury of the victim F(21) of the victim F(37 years), victim G(37 years), victim H(56 years of age), victim I(n, 41 years of age), victim J(n, 6 years of age), and the victim J(n, 6 years of age), respectively, by the above occupational negligence, approximately two-day medical treatment of the victim D, the victim F(21 years of age), the victim F(37 years of age), the victim H(n, 56 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in D, F, G, H, and I;

1. (1) A traffic accident report, on-site photographs, and initial investigation into the scene of the accident;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on the Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with the largest criminal situation);

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence, and a crime of violating the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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