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(영문) 전주지방법원 정읍지원 2019.03.28 2018고단578
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

(b) Application of Acts and subordinate statutes governing drinking power;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning the facts constituting an offense, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving sound);

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

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

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act shall be limited to imprisonment with prison labor for the concurrent crimes prescribed in the Act on Special Cases concerning the Settlement of Traffic Accidents with the largest punishment, but the minimum sentence shall be limited to imprisonment with prison labor for the concurrent crimes;

1. Article 62 (1) of the Criminal Act;

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

1. In the event that the sentencing criteria are examined [Scope of Recommendation] Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the area of mitigation (the area of mitigation of traffic accidents does not exceed eight months) (the area of mitigation of traffic accidents) and minor injuries occur, the sentencing criteria are set only for some crimes, and such minimum sentencing criteria are set only for such crimes;

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of sentence and other conditions of sentencing recorded in the records.

Unfavorable circumstances: The defendant is driving a motor vehicle in a state of drinking with his/her central line, causing a traffic accident and drinking alcohol.

The circumstances that are advantageous to the nature of traffic accidents are not good, the high level of alcohol concentration of the defendant's blood alcohol level, and the previous convictions of fines twice due to the crime of drunk driving: the victims' injury level is minor, the vehicle involved in the accident of this case is covered by the comprehensive insurance, and the victims' damages compensation is separately provided and agreed.

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