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(영문) 광주지방법원 목포지원 2014.05.22 2014고단306
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 string and freight vehicle B.

On December 25, 2013, the Defendant driven the said vehicle under the influence of alcohol with 0.286% of alcohol concentration 0:45 on December 25, 2013, and led to the progress of the two-lanes of the two-lanes between the two-lanes of the flow of the road in the Cheongcheon-gun, Cheongcheon-gun, Cheongcheon-gun, Cheongan-gun, Cheongan-do.

Since there is a straight line with the center line of yellow solid lines, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected to commit this and frightened the center line and frightened with two lanes in opposite parts, and frightened the part of the driving seat of the Dwing Vehicle C (the 49-year-old driver) driving vehicle in the direction of the driver’s seat of the Defendant, resulting in the Defendant’s frightenction which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and on-site photographs;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to medical certificates;

1. Article 3 (1) and Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and (2), and 50 of the Criminal Act [the punishment shall be imposed as imprisonment with prison labor for the concurrent crimes stipulated in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, heavier punishment shall be imposed: Provided, That the lowest sentence shall be the punishment determined for the crime of violating the Road Traffic Act];

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Social service order under Article 62-2 of the Criminal Act;

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