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(영문) 광주지방법원 목포지원 2013.04.25 2013고단408
교통사고처리특례법위반등
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives one ton cargo vehicle B.

On November 2, 2012, the Defendant was under the influence of alcohol level of 0.066% around 16:10, and the Defendant was under the influence of alcohol level of 0.06%, and the Defendant was under the influence of the Defendant at a speed of 83 km at a speed above 23 km/h of speed under the influence of alcohol at a speed of 83 km at a speed of speed exceeding 23 km, and the Defendant was under the influence of alcohol level, and the Defendant was under the influence of alcohol level of 0.06%, and the Defendant was under the influence of the Defendant, at a speed of the fluor of the freight vehicle, and the Defendant was under the influence of the Defendant, who was under the influence of alcohol at a speed of 83 km at a speed above that of speed exceeding 23 km/h

As a result, the Defendant suffered injury to the victim C, such as cerebral cerebral le, which is not known in detail for about 2 weeks of treatment, injury to the victim E (Nam and 53 years of age) who took advantage of the damaged vehicle for about 12 weeks of treatment, and injury to the left side of the victim F (ma, 51 years of age) who took advantage of the damaged vehicle for about 2 weeks of treatment.

Summary of Evidence

The application of the law to the defendant's legal statement, the police statement of C, the actual investigation report, the accident photograph, the comprehensive traffic accident analysis report, each diagnosis report, the detection report of the host driver, the investigation report (official application of the Badmark), the application of the law

1. Relevant statutory driving for a crime: Article 3 (1) 2, 3, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (2) (proviso) of the Road Traffic Act, Article 268 of the Criminal Act;

2. Articles 40 and 50 (Mutual Crimes against Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents)

3. Selection of a sentence of imprisonment or imprisonment without prison labor ( Considerations, such as the fact that the negligence of the accused is very serious and the degree of damage is not minor, and that there has been records of being sentenced to a four-time fine due to traffic crimes);

4. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act.

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