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(영문) 대전지방법원 2015.11.17 2015고단2747
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

On July 15, 2015, while under the influence of 0.20% of blood alcohol concentration, the Defendant was negligent in performing duties of Jeonju City on the part of the part of the victim E (52 years old) who was driving on the right side of the Defendant, while driving a chip vehicle B with a blood alcohol concentration of 0.20%, and driving on the chip vehicle B from the side of Daejeon U.S., and neglecting to perform the duty of Jeonju City on the part of the (Gu) Hong City on the side of the (Gu). On the part of the victim E (52 years old) who was driving on the right side of the Defendant, the Defendant suffered from the injury of chip salt, etc. which requires approximately two weeks of treatment to the victim E, who was a passenger of the said chip vehicle, and suffered from the victim G (the 30 years old-old passenger vehicle) who was in need of approximately two weeks of treatment, and the injury of the above chip 2 years old-day tension and the bones, etc. (32 years old-day).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E, G, H, and I (a copy);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning criminal facts;

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Selection of Punishment, imprisonment without prison labor and imprisonment with labor for the remaining crimes shall be selected;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (the fact that vehicles of the accused are covered by comprehensive automobile insurance and reflects the depth thereof, etc.);

1. It is so decided as per Disposition on the grounds of taking lectures and providing community service orders under Article 62-2 or more of the Criminal Act;

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