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(영문) 광주지방법원 2015.06.11 2015고단762
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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle B.

On February 5, 2015, the Defendant driven the said car under the influence of alcohol of 0.138% on blood alcohol concentration, and driven the said car along the three-lane Do road in front of the D Do Do Do Do c, in Gwangju Northern-gu, along one-lane from the museum to the cccarc scarc gate. On February 5, 2015, the Defendant was faced with the front part of the driving vehicle of the victim E (the age of 42) driving driven in the opposite direction due to the occupational negligence of driving the yellow domin line, which led to the impact of the front part of the driving vehicle of the victim E (the age of 42). The Defendant sustained the injury of the victim E, such as the right-side Do Do Do 3, which requires the treatment of approximately 6 weeks, and the injury of the damaged vehicle (the age of 24) caused by the need for treatment for about 2 weeks.

2. While the Defendant was under the influence of alcohol by 0.138% at a temporary border such as the above 1.1.m., the Defendant was driving a car in B from the station parking lot located in the transmitting-dong of Gwangju Mine-gu to the front road of the D cafeteria located in Gwangju Northern-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E, H and G;

1. Application of Acts and subordinate statutes to traffic accident reports, report on the circumstantial statement of the driver concerned, report on detection of the driver concerned, investigation report (related to the application of the Tramark Official Form), medical certificates, on-site and accident vehicle photographs;

1. Article 3 (1), Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, 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 and Article 38(1)2 and (2) of the Criminal Act are applicable.

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