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(영문) 창원지방법원 2013.08.13 2013고단975
교통사고처리특례법위반등
Text

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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Belgium.

On March 24, 2013, at least 06:45, the Defendant: (a) was driving at the three-lane speed in front of the Manosung Motor Vehicle located in the Gangseo-gu Busan Metropolitan City (hereinafter “Manosung Motor Vehicle”); (b) while driving the said Motor Vehicle at the speed of the Green Cross with one-lane from the seat of the Green Cross to the seat of the Green Cross, the Defendant caused by negligence in the course of duties, which failed to properly perform the obligation of Jeonju City and the operation obligation of steering devices and steering devices while under the influence of alcohol, and caused the injury, such as MaM (SM) 5 Motor Vehicle back part of the victim C(33 years of age) who stopped to turn to the left at the front of the Defendant's motor vehicle, and caused the said victim to take the front of the car masters by taking the front part of the car masters, which requires approximately 10 weeks medical treatment.

2. On March 24, 2013, around 06:45, the Defendant violated the Road Traffic Act (driving) operated approximately one kilometer on the front of the Lone Starbucks located in the Gangseo-gu Busan Gangseo-gu, Busan, on the roads, and the blood alcohol concentration of 0.104% under the influence of alcohol, the Defendant operated the said Belgium to the place of the accident described in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

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

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, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. The reason for sentencing of Article 62-2 of the Criminal Act with regard to the crime of this case on the grounds of the order to provide community service and attend lectures is that the defendant injured the victim of traffic accidents while driving under influence.

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