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(영문) 광주지방법원 2018.02.20 2017고단5738
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 26, 2017, the Defendant driven a B car with alcohol level of 0.169% at around 14:50, while driving in the direction of 0.169% in the direction of the new draft, the Defendant’s ex officio correction is made to the extent that it does not interfere with the Defendant’s right of defense, to the extent that the part of the lower part of the victim D(49 years old)’s E-ray of the vehicle under the influence of alcohol driving in the front direction of the modern hospital was taken by negligence while neglecting his/her duty of care in the front direction of the new draft. However, the Defendant stated the said passenger car in the front part of the said vehicle. However, the victim F and G got on board the passenger car driven by D and suffered damage from the instant traffic accident.

The victim H(V, 45 years old) and the victim G (V, 8 years old) suffered each of the following two weeks of rash tensions, tensions, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of D and H;

1. A survey report on actual condition and an accident scene photograph;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A report on investigation (a written statement and a diagnosis accompanied by the victim);

1. Application of Acts and subordinate statutes to a criminal report (the attachment of accident images and site photographs);

1. Article 3(1), proviso to Article 3(2)8 of the former Act on Special Cases Concerning the Settlement of Traffic Accidents (Amended by Act No. 14277, Dec. 2, 2016); Article 268 of the Criminal Act; Article 148-2(2)2, 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 Competition;

1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;

1. The aggravated punishment for concurrent crimes shall be aggravated by the punishment prescribed by the former part of Article 37, Article 38(1)2 and (2), and Article 50 of the Criminal Act (the punishment shall be aggravated by concurrent crimes with the punishment prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment, and shall be punished by imprisonment with prison labor: Provided, That the lowest sentence shall be the punishment prescribed by the road traffic Act;

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