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Reasons
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(영문) 제주지방법원 2013.08.13 2013고단720
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for 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

1. On May 14, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.081% at around 04:21, the Defendant driving a DNA observer to the intersection in front of the “Yanju-dong oil station in the city of Jeju” located in the city of Jeju.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act: (a) around 04:21 on May 14, 2013, the Defendant driven a car as specified in paragraph (1) of the same Article and led the victim E (the 61-year-old taxi driving department) driving on the left side of the vehicle driving on the left side of the vehicle driving in Jeju-do at the center of the intersection in front of the Do, and the Do elementary school was a private distance where the red-off lights turn off at the night; and (b) at that time, the vehicle was damaged by the 8-day repair signal at the same time by causing the victim to be damaged by the 8-day repair signal near the vehicle installed in the Do-dong at night; (c) due to the negligence that the victim E (the 61-year-old taxi driving department), who was under the influence of the vehicle in question, was under the influence of driving on the left side of the vehicle; and (d) the 8-day repair signal at the same time to prevent the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of a host driver, a written diagnosis (E), a fact-finding survey report, and a written estimate;

1. Relevant legal provisions concerning criminal facts: Article 3 (1), proviso to Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, and Article 151 of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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

1. Selection of sentence: Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and damage to property on duty;

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