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(영문) 광주지방법원 2018.06.07 2018고단1219
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 1, 2018, while under the influence of alcohol level of 0.096% from blood alcohol level, the Defendant driven a 4 km B SP car from the Do in front of the non-permanent apartment located in the new town in the Gwangju Mine-gu, Gwangju Mine-gu, and led the Defendant to proceed to the high-tech area from the front side of the D-dong located in the Gwangju Mine-gu, according to one lane in front of the D-dong located in the Gwangju Mine-gu. On the other hand, the Defendant was negligent in performing the duty of care to safely drive the e-mail, such as taking care of the back part of the f taxi driven by the victim E (63) with the front part of the said vehicle, and by taking care of the victim (58 years old) with the front part of the FF taxi, the victim and the victim 2 Y on board the e-cab and the back part (58 years old Y).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and E;

1. Statement of the circumstances of the driver involved in driving;

1. A copy of a medical certificate or each medical certificate;

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

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense under the relevant Act, Article 3 (1) and the proviso to Article 3 (2) and Articles 3 (8) 8 and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of duty and negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of imprisonment without prison labor for crimes violating the Traffic Act at the option of punishment, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act (the punishment shall be imposed with imprisonment within the scope of the sum of the maximum term of the punishments prescribed for each of the said crimes);

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

1. Order to attend lectures under Article 62-2 (1) of the Criminal Act, protection and observation;

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