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(영문) 광주지방법원 해남지원 2014.09.17 2014고단190
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 18, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) while driving a Baschton car with a blood alcohol level of 0.131% around 20:40, the Defendant incurred serious injury to the Defendant’s driver’s vehicle due to his occupational negligence while driving the Naschton car at the port of Jindo-do, Jindo-gun, Jindo-gun, Jindo-do, Jindo-do, for the entire course of the flow of the Yannam-do, the road width of which is narrow to 3.12 meters at night while driving the Ynam-do, Jindo-do, Jindo-do, Jindo-gun, Jindo-gun at the port of Jindo-gun, Jindo-gun, Jindo-gun, Jindo-gun, Jindo-gun, Jindo-do, and neglecting his duty of ex officio due to alcohol, while driving the car at the port to the left, and then driving the car at the port and falling under approximately four meters below the above road, resulting in the victim C (age damage) who was on the 45 meters.

2. Violation of the Road Traffic Act (Lextoning) was driven by the Defendant under the influence of alcohol at approximately 0.131% of blood alcohol concentration in the section of about 1.5km of Jindo-gu, Jindo-gun, Jindo-do from the Do in front of the French Do in the city of Jindo-gun, Jindo-do to the sea bed and the rural route in the same city of 1.5km.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to traffic accidents prepared D;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. A medical certificate (C);

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment);

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

1. The vehicles operated by the defendant under Article 62(1) of the Criminal Act are covered by the automobile comprehensive insurance, as well as the defendant separately agreed with the victim, and the victim shall be the defendant.

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