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(영문) 인천지방법원 2019.02.20 2018고단9194
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:00 on November 18, 2018, the Defendant, while under the influence of 0.190% of blood alcohol level on the three-lane side of the Bupyeong-gu Incheon Bupyeong-gu B Apartment-do, Incheon, 2018, driven a knife knife knife vehicle with two and three-lanes, and continued to drive the knife part of the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each statement of H, D, and F;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

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

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor and the crime of violation of the Road Traffic Act, each choice shall be made;

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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