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(영문) 청주지방법원 제천지원 2017.05.11 2017고단76
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a freight vehicle C in a fixed-line freight truck.

On January 10, 2017, the Defendant driving the above vehicle at around 19:10, and driving the road of 5-lanes of the national highways of 5-243% of the blood alcohol level into a single-speaking area from the Hanyang-gun. The Defendant was due to occupational negligence, which carried out the central line in the state of under the influence of 0.243% of alcohol content during blood, and suffered from the injury of the victim FF(51) driving of the said road, which carried out the said road from the two sides of the road, with the front portion of the Defendant’s vehicle for approximately six weeks of medical treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a C-wing truck with alcohol content 0.243% from the 6km section of blood at around 0.243%, while under the influence of alcohol at around 0.243%, from the Dor in front of the trade infinite-gun, the G-wing-gun, the G-Woo-gun, the G-Woo-si, the G-Woo-si, the G-Woo-si, the G-Woo-si,

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, an investigation report on the actual condition of a traffic accident, and a report on the detection of a primary driver;

1. A statement of the occurrence of a traffic accident of F;

1. A written appraisal of alcohol during blood;

1. Medical certificate (F);

1. Application of the statutes governing traffic accident photographs;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents, which has no heavier punishment, shall be punished by imprisonment with prison labor as an aggravated punishment for concurrent crimes by the punishment prescribed for the relevant crime; however, the lower limit of the punishment shall be the punishment prescribed for the relevant crime of violation of Road Traffic Act;

1. Article 53 of the Criminal Act for mitigation of amount;

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