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(영문) 광주지방법원 2018.02.20 2017고단5735
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 14, 2017, the Defendant driven a CA car under the influence of alcohol level of 0.129% from blood level around 04:50, and was negligent in performing one-lane of the three-lanes at the seat of the Hanam Hospital located in the Donsan-dong of Gwangju Metropolitan City along the one-lanes of the city apartment in the Donsan-dong of Gwangju Metropolitan City, with the bank of the Gwangju National Police Agency, and was negligent in performing the duty of fluence in the front of the e-car of the victim D D (40 years old) driving in the opposite direction by the negligence of the yellow yellow real line in the middle of the e-car in order to make a U-turn, and sustained the victim’s e-car driving in the front right side of the said C car, which requires approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, and evidence and photographs of the scene of the traffic accident;

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

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

1. Article 3(1), proviso to Article 3(2)2, and Article 3(2)8 of the former Act on Special Cases concerning the Settlement of Traffic Accidents (Amended by Act No. 1427, Dec. 2, 2016); Article 268 of the Criminal Act; Article 148-2(2)2, and Article 44(1) of the Road Traffic Act concerning facts constituting an offense

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 punishment for concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (the punishment shall be aggravated by concurrent crimes prescribed by the crime resulting from the grave violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, but the punishment shall be aggravated by imprisonment with prison labor: Provided, That the lowest sentence shall be subject to the punishment determined by the crime resulting from the violation of Road

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general traffic accidents;

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