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(영문) 대전지방법원 2014.08.22 2014고단1899
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a CP car.

On March 12, 2014, the Defendant driven the said vehicle under the influence of alcohol of 0.10% with a blood alcohol content of 00:41, while driving the said vehicle, and driving it from the west-gu, Seo-gu, Daejeon to the right-speed of the orchard to the right-speed, and instead, due to the negligence of the direct operation of the vehicle stop signals in violation of the signal, the Defendant suffered from the injury of the victim D (48 years old) Einasi driving the said intersection to the right-hand Black-dong, the left-hand knife of the Defendant’s vehicle, while driving the said vehicle under the influence of alcohol content of 0.10%. The Defendant suffered from the victim’s injury, such as the 1st half water reservoir and the mouth of the 8 weeks left-hand knife of the said taxi, and the injury of the victim F (42 years old) when taking advantage of the said taxi and the bones of the bones and the bones of the body requiring treatment for about 22 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. The actual condition survey report;

1. Report on detection of a host driver;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act shall be punished by imprisonment with prison labor (within the scope of the sum of the long-term punishments of the above two crimes) with respect to concurrent crimes prescribed by the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment: Provided, That the lowest sentence shall be determined by the

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspended execution [Consideration, reflectiveness, agreement, comprehensive insurance coverage, etc.];

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