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(영문) 전주지방법원 2016.09.13 2016고단763
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant is a person engaging in driving a rocketing car.

On May 16, 2016, the Defendant driven the said car under the influence of alcohol level of 0.107% among blood transfusion around 18:10 on May 16, 2016, and proceeded at a two-lane road in front of the Western-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City, about 406, along the two-lane road in front of the Western apartment, from the Jinbuk-do.

At the time, the victim C (39) who is driving in the same direction as the Defendant was followed by the D-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-W

Nevertheless, the Defendant found that the Defendant was negligent in driving a vehicle at an excessively close range due to the negligence of driving the vehicle at a late time, and found it late to operate the vehicle at a stop line, and received the part of the front part of the said vehicle at the same time and received the part behind the said vehicle at the same time, and caused the victim to suffer injury, such as salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. A traffic accident report;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A medical certificate;

1. Application of statutes on site photographs;

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The Criminal Act;

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