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(영문) 의정부지방법원 고양지원 2019.05.09 2018고단2805
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant is a person who is engaged in driving of Bknife car.

On October 31, 2018, the Defendant driven the said car with a blood alcohol level of 0.156% 0.15% around 23:35, the Defendant: (a) was under the influence of alcohol on October 31, 2018; (b) was under the influence of driving the said car; and (c) was under the influence of driving the said car on the surface of the park, the 18-day Scam village in Yongsan-gu, Yongsan-gu, Seoyang-gu, Busan Metropolitan City, Seoyang-gu, Gyeonggi-do, and was negligent in performing the duty of Jeonju-si care in a conversation on the surface of the park; and (d) was under the influence of driving the said car on the part of the victim C (53 years old); (c) was under the influence of driving the said car on the front part of the said car; (d) was under the influence of the victim’s 3-day-day-day-day-day-day-day-day-day-day-day-wide-day-day-wide-day-wide-wide-wide-wide-wide-wide-day-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-based-based-wide-based-based-based-based-based-based-based-based-based-.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each written statement E and C;

1. The circumstantial statement of the employee;

1. Medical certificate (H, E, G);

1. Application of Written Opinions (C) legislation

1. Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, choice of imprisonment without prison labor or imprisonment for the violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 38(2), and Article 50 of the Criminal Act shall apply.

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