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(영문) 대전지방법원 공주지원 2018.05.25 2018고단90
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 November 24, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven by a driver of a low-priced car at B on November 23:16, 2017, driving the front road at C at the front of the public road at the front of the public road at the front of the new month at the front of the public road at the front of the public road, with a alcohol concentration of 0.062% in alcohol level during blood while driving by the center at the front of the public road at the front of the passenger vehicle by the Defendant’s left ahead of the left-hand side of the victim D (19 years old) driving in the opposite direction.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in the shoulder boom that requires approximately three weeks of medical treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driven a B-hand car with alcohol concentration of 0.062% at the same time and at the same place as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting of a traffic accident (1) (2) (the survey report), notification of the results of regulating drinking driving, and investigation report (the application of the aforementioned dmark formula);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the driving of alcohol 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;

1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in case where the illegality in the area of special aggravation (from August to three years) (excluding a special aggravated person), drinking, driving under the influence of alcohol, and the proviso of Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Teaching of Traffic, is serious, the offenses of violating the Road Traffic Act (driving of alcohol) shall not be treated as a majority crime, but as a sentencing person;

2. The injured party is under normal conditions that the same criminal record as the sentence has been sentenced once, and that the sentence has been sentenced once; and

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