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(영문) 인천지방법원 부천지원 2018.05.11 2018고단739
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 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 B-S car.

On March 18, 2018, the Defendant driven the said car with a alcohol content of 0.143% in alcohol around 16:00 and proceeded in the direction of strengthening the three-lane of the four-lane 4 lane from the epoch Jeju Jeju Jeju Island (U.S.) in the direction of both villages, while driving the said car at around 0.143% in the influence of alcohol during blood, the Defendant suffered from the victim, who was in the atmosphere of the same lane due to occupational negligence, who was unable to properly operate the operation system under the influence of alcohol, the lower part of the DNA car driven by the victim C, who was in the atmosphere of the same lane, with approximately two weeks in front of the driver’s vehicle, such as a scopical base, etc., for which treatment of approximately two weeks is necessary, and suffered from the victim’s injury to the damaged vehicle, such as the victim’s injury during the second week in need of treatment of approximately two weeks in the same direction (hereinafter referred to as “the victim’s injury”).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, an investigation report on actual condition and a statement on the circumstances of the driver involved in driving;

1. Investigation report (victim C telephone call);

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act (the point of occupational injury and bodily injury) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;

1. The aggravated concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated by concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, the number of which is heavier than that of which shall be punished by imprisonment, and the lower limit shall be the crime committed in violation of the Road Traffic Act);

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

1. Social service order under the Criminal Act;

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