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(영문) 광주지방법원 2019.01.17 2018고단4676
교통사고처리특례법위반(치상)등
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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

On September 20, 2018, while under the influence of 0.143% of blood alcohol level, the Defendant driven a B Y-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Evidence of each accident site;

1. The circumstantial statement of the employee;

1. The CD;

1. Application of statutes to copies of each written diagnosis;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act applicable to the crime, Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning the crime;

1. The provisions of Articles 40 and 50 of the Criminal Act (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents).

1. Selection of imprisonment with prison labor and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the crime of violation of the Road Traffic Act in the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the punishment shall be imposed by imprisonment within the scope of the sum of the long-term punishments as provided for in each of the above crimes: Provided, That the short-term punishment as provided for in the Road Traffic Act shall be the lowest limit

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

1. Article 62-2 (1) of the Criminal Act concerning an order to attend a course;

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