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(영문) 부산지방법원 2019.01.29 2018고단5095
교통사고처리특례법위반(치상)등
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 became final and conclusive.

Reasons

Punishment of the crime

At around 04:00 on October 19, 2018, the Defendant driven a car with Bro while under the influence of alcohol of 0.108% of blood alcohol level, and proceeded from the main road to the main road of the opening-dong in Busan-gu, the Defendant, as seen above, got the victim C driver's Done Star Cargo, who was left left at the left due to his occupational negligence while disregarding that the signal, etc. is changed to a red signal, while driving from the main road to the main road. As such, the Defendant got the victim from the front part of the said car for about 4 weeks, and caused the victim to suffer brain injury in need of medical treatment for about 4 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on traffic accident (1) (2) and report on the circumstantial statement of a drinking driver;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, 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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Taking into account the following factors: (a) agreement with the victim of reasons for sentencing under Article 62(1) of the Criminal Act; and (b) there is no history of criminal punishment and reflects his/her mistake;

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