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(영문) 광주지방법원 2013.08.21 2013고단2731
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

Around 06:00 on June 6, 2013, the Defendant driven 2 SM7 car under the influence of alcohol content of 0.089%, so that the Defendant suffered from the victim C and G to 0.0 on the front part of the FM5 car driven by the Defendant’s vehicle under the influence of alcohol concentration of 0.08%, leading to the moving of the road in front of the Seo-gu Seo-gu U.S., Seo-gu, Seo-gu, Seo-gu, to the 2nd area of the 2nd area of the village village village village, and stopping in accordance with the stop signal on the opposite lane due to the negligence of the business which wn the central line, and caused the damage of the Defendant’s vehicle to the front part of the Defendant’s vehicle, and then the 30nd part of the FM5 car under the influence of the vehicle under the influence of the Defendant’s vehicle under the influence of 0:00,000,000 won and damages the 80th of the said 3rd car.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C, G, and E;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of medical certificates, estimates, and receipt-related Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 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) 3 and 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment and the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and (2), and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of two crimes);

1. Article 62(1) of the Criminal Act provides that a suspended sentence shall not be imposed for a criminal defendant for the same criminal record, and that there is no criminal record of the suspended sentence, and that there is against the crime of this case, and that there is an agreement with the victim C and G.

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