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(영문) 수원지방법원 2016.06.02 2016고단1002
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 9, 2016, the Defendant: (a) driven a motor vehicle with low alcohol level of 0.148% in the blood alcohol level in front of viewing water sources in Suwon-si, Suwon-si, Suwon-si; (b) driven a motor vehicle with two-lanes, one of five-lanes, while driving the motor vehicle into the basin of the Suwon-si, and the driver of the motor vehicle is negligent in driving the motor vehicle under the duty of care to safely drive the motor vehicle while neglecting the front left right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of the motor vehicle are exercised.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on investigation;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without 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 same Act (to the extent that the long-term punishment for the above two crimes is added up, but to the minimum limit, it shall be governed by such punishment as prescribed for the crime of violation of the Road Traffic Act) of the aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a School / [the scope of the recommended sentence] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (4 to 10 months) (the person subject to special mitigation) / Cases where illegality in the proviso of Article 3(2) of the Act on the Special Cases of the School / Cases where the illegality in the proviso of Article 3(2) of the Act on the Special Cases of the School / [the decision of sentence] is serious (the decision of sentence] along with the circumstances presented as the person subject to the above special sentencing, the defendant is against himself/herself, and the victim's negligence also is part of the occurrence of accidents and the expansion

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