logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.11.29 2013고단3780
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 10, 2007, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Daejeon District Court on May 10, 2007, and a fine of two million won due to a violation of the Road Traffic Act (driving) at the same court on December 21, 2010.

On May 11, 2013, the Defendant driven C NewF Laol car with a alcohol content of 0.148% in a state of alcohol 01:30% on blood alcohol, and proceeds from the operation of the C NewF Laol car at the front of the Daejeon Seo-gu Seoul Special School at the front of the Dong-dong Office at the speed of about 20km from the front middle middle school, and neglected to perform the duty of front drinking in drinking conditions, followed the opposite lane by negligence going through the central line, and followed the opposite lane by the victim D(32 years old)'s driving ET100-M 200-M 200-M 320-M 32 years old, and caused the victim to scopical dumf, which requires the two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to dispositions not yet made, and reporting of confirmation (a copy of summary order);

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the occupation of a person injured by occupational negligence, the choice of imprisonment without prison labor) of the same 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [Scope of Recommendation] Traffic Crime Group, General Traffic Accidents (Type 1), mitigated area, one month to six months [whether or not a sentence of imprisonment is suspended] Main reasons for writing: The occurrence of minor injuries, grounds for writing in general who are not subject to punishment: Sociality.

arrow