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(영문) 춘천지방법원 강릉지원 2018.06.05 2018고단355
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 21, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) committed an negligence that, while driving a car at around 17:20 on March 21, 2018, the Defendant neglected to stop on the right side of the road while driving the car and driving the car to an apartment house located on the right side of Gangseo-si, Seocheon-si, which is located on the right side of the sports cargo vehicle, while driving the car, and neglecting to drive it from the right side of the apartment house in the front of the right side of the vehicle.

In the end, the Defendant suffered from an injury to the victim E (58 years old) who was on the cargo loaded in the sports vehicle at the same time as above by negligence in the course of loading and unloading, which requires two weeks of treatment.

2. On March 21, 2018, the Defendant, in violation of the Road Traffic Act, driven a vehicle B while under the influence of alcohol with approximately 0.072% alcohol concentration from the 10km section to the place indicated in paragraph (1), from the front side of the port of the other port of Gangseo-si, Chungcheongnam-si, Chungcheongnam-si, Seoul, to the point indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident, and on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in consideration of the sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, environment, motive for and circumstances after the crime, etc.

The favorable circumstances: The fact that one's mistake is recognized and reflected, and the victim's injury is the victim.

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