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(영문) 광주지방법원 2015.04.02 2014고단4825
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment with prison labor for up to six 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 engaging in driving a rocketing car.

On November 20, 2014, the Defendant driven the said car at a drinking level of 0.129% of blood alcohol concentration on the part of the Defendant’s driver’s license, and got the victim to receive compensation, etc. for conjection in the direction of 14 weeks in the direction of luminous 1,000, in the direction of 40 kilometers in the direction of teachers’ Mutual Aid Association, the Defendant neglected the duty of front-time navigation and failed to properly operate the steering and steering devices, etc., and caused the victim E (40 years old) driving along the two-lanes in the opposite direction to the end of the accident, such as overcoming the central line, due to the failure to properly operate the steering and steering devices, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Supplementary inquiries (No. 13);

1. A medical certificate;

1. Written estimate;

1. Blue cinematographic photographs;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 3 (1), the proviso of Article 3 (2) and Article 2, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually between the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Violation of the Road Traffic Act);

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act (the scope of recommendations) shall be the type I of general traffic accident.

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