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(영문) 수원지방법원 안산지원 2016.05.26 2016고단1189
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On March 12, 2016, while under the influence of alcohol content of 0.053% during blood, the Defendant driven a DNA-based passenger car owned by C with a alcohol content of 0.053%, and caused the victim to suffer approximately 10 percent off the side of the day-to-day therapy and the side-day therapy of the victim E (the 28-year-old driver’s vehicle, the front part of which was the front part of the Defendant’s vehicle and side of the Defendant, to the center from the 3rd parallel of the members of Ansan-si to the center, at about 50km in speed, while driving about 50 kilometers in speed from the center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1), the proviso to Article 3(2)1, and Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2(2)3, and Article 44(1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act, as the punishment for concurrent crimes;

1. Where the sentencing standard [the scope of recommended punishment] is the weighted area (from August to one year and six months) (the special aggravated person] in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, where the illegality of the case in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (driving of alcohol).

2. The Defendant’s drinking value of the sentence is relatively low, the Defendant’s vehicle was subscribed to the automobile liability insurance and thus is somewhat helpful for the victim’s recovery from damage, the Defendant deposited 4 million won to the victim after the instant indictment, the Defendant’s health status of the Defendant’s child is not good, and the Defendant has no record of the same kind of crime, etc., which are favorable to the Defendant, is a reason for sentencing that is favorable to the Defendant. However, the victim’s damage is very serious.

b) appears;

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