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(영문) 광주지방법원 2015.09.10 2015고단2086
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in the SP area B.

On April 23, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.096% at around 01:50 on April 23, 2015, and proceeded from Gwangju to the legal nature.

In this case, the driver of a motor vehicle has a duty of care to live well on the right and the right and the right of the driver, and to operate the steering gear and the brake system accurately and safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and received a retaining wall at an intersection, which was on the right side, as the front line of the said car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C (the age of 18) who was accompanied by the said car for about 12 weeks in need of medical treatment, such as a stoke, etc., the injury to the same victim D (the age of 22) that requires approximately 4 weeks in need of medical treatment, and the injury to the same victim E (the age of 18) that requires approximately 3 weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the survey report on actual conditions, field photographs, report on the circumstantial statement of a host driver, report on detection of a host driver, and medical certificate;

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

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 Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act are as follows, and other defendants.

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