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(영문) 창원지방법원 마산지원 2017.04.12 2017고단169
교통사고처리특례법위반(치상)등
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 a period of 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 a Bchip car.

On January 27, 2017, at around 11:55, the Defendant driven the said car with alcohol content of 0.127% without a driver’s license, and driven the said car to an elementary school located in front of the Haak-gun, Haak-gun, Haak-gun, U.S., at the Myeon Office, the Defendant shocked the front of the victim C (n.e., 57 years old) driver’s license to the front of the Haak-gu car in the opposite direction due to negligence in the course of performing duties near the central line.

Ultimately, the Defendant caused the above victim to suffer injury, such as salt panion, which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual investigation report on traffic accidents;

1. A letter of measurement of the driver's drinking;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

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

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 3 (1), Article 3 (2) 2, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between a violation of traffic laws on roads and a violation of traffic laws on roads);

1. As to the crime of violation of the Traffic Act by option of punishment, imprisonment without prison labor and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, each choice of imprisonment without prison labor;

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 (The following favorable circumstances):

1. The fact that the reasons for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order are confessions and reflects by the defendant, the victim's injury is relatively minor, and the defendant has no criminal history exceeding the fine.

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