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(영문) 의정부지방법원 고양지원 2018.10.19 2018고단1786
교통사고처리특례법위반(치상)등
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

The defendant is a person who is engaged in driving of a motor vehicle B, C, and C.

On July 2, 2018, when the Defendant was under the influence of alcohol 0.164% while driving the said cargo at around 19:00, the Defendant incurred damage to the said victim C (37 years old) who was under the influence of alcohol due to the Defendant’s negligence in the course of driving his/her vehicle under the influence of alcohol due to the Defendant’s failure to perform his/her duty of pre-stopcing in accordance with the vehicle stop signals at the front section of the said cargo and thereby, caused damage to the said victim C in detail in need of approximately two weeks of alcohol treatment, and the Defendant suffered injury to the said passenger E (the victim, who is the passenger of the said franchise, and 37 years old) for about three weeks of alcohol and for about three weeks of alcohol in the front section of the said truck.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes governing accident scene 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 a sentence of imprisonment without prison labor for crimes violating the Traffic Act at the option of a sentence, and a sentence of imprisonment without prison labor for the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (the punishment shall be aggravated within the extent that the combined total of the long-term punishments of the above two crimes, which are prescribed for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents which lack any heavier punishment, and the punishment shall be imposed by imprisonment with prison labor: Provided, That the lowest sentence of the punishment shall be applicable to the punishment prescribed for the crime of violating

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures and order to provide community service;

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