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(영문) 의정부지방법원 고양지원 2016.06.10 2016고단638
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On January 18, 2016, the Defendant driven the said car under the influence of 0.123% alcohol during blood alcohol at around 07:30, while driving the said car at the speed of 0.123%, the Defendant shocked the front left left part of the victim’s E-5-ray for the victim’s driving of the said car at the speed of 116,000 0,000 5,000 5,000 0,000 from 6:00 0,000 at sight to 6:00 5:0 0:0 5:0 0:0 5:0 0:

Ultimately, the Defendant caused the above victim D’s injury by occupational negligence, which requires approximately two weeks of treatment, to the next two weeks of treatment, and to the victim F, who was on the said K5 car, suffered from the injury of the said victim F, i.e., base salt, etc. requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence, and a crime of violating the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentencing guidelines do not apply to crimes with the reason of sentencing under Article 62(1) of the Criminal Act, which are concurrent crimes with the reason of sentencing.

Taking into account the initial crime, reflective fact, the degree of injury of victims is minor, the comprehensive motor vehicle insurance coverage, drinking volume, etc.

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