logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.09.22 2016고단2022
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On May 10, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.138% among blood transfusions on May 23:35, 2016, and led the Defendant to drive the said vehicle along the three-lane road in front of the “D” restaurant located in Gwangju Northern-gu C along the two-lanes from the modern apartment room to the Kkccccol distance.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering left and left well and the steering gear for those engaged in driving service.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving while driving in the same lane on the front side of the same lane, received the back part of the victim E(62) driving that reduced the speed.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The application of Acts and subordinate statutes, such as traffic accident report, report on the circumstances of a driver driving, inquiry of the results of crackdown on drinking driving, investigation report (the application of the aforementioned dmark formula), medical certificate, and photograph;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended punishment according to the sentencing guidelines: Where a person who is specially aggravated in the basic area of the traffic accident from April to one year is sentenced to the special aggravated punishment in accordance with the sentencing guidelines: In the case of driving under drinking, etc., a person subject to a special mitigated punishment: Where a minor injury has occurred;

arrow