(영문) 수원지방법원 여주지원 2019.05.13 2019고단205

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2019.05.13 2019고단205

교통사고처리특례법위반(치상)등

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

At around 06:50 on December 11, 2018, the Defendant: (a) while driving a Bmer truck truck truck vehicle under the influence of alcohol of 0.132% at the location near the middle quarter of 323.5km located in Ansan-ri, Gyeonggi-do, the head of the Defendant: (b) while driving the Bmer truck truck truck vehicle under the influence of alcohol of 0.132% at the location near the middle quarter of the 323.5km located in Ansan-ri; (c) while he was under the influence of alcohol, the Defendant: (d) was negligent in driving the DM truck vehicle under the influence of alcohol while he was under the influence of alcohol despite his duty of care to safely drive the vehicle; and (d) was negligent in driving the vehicle under the influence of alcohol while he was under the influence of alcohol; and (d) caused the Defendant’s injury to the victim, such as the injury of various parts of the victim C (39 years old); (d) the back part of the DM vehicle under the influence of the Defendant’s truck.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the results of the initial action and a report on the actual situation survey;

1. A medical certificate;

1. Report on the results of a driving on the driving on the driving on the driving on the driving on the driver’s license;

1. Investigation report (specific to be kept);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the occupation of causing occupational injury and the choice of imprisonment without prison labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the punishment shall be increased by concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment, but shall be punished by imprisonment with prison labor: Provided, That the lowest sentence of the punishment shall be the short-term punishment for the crime of violating the Road Traffic Act];

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be the injury of traffic accidents in general.

참조조문

-도로교통법 제148조의2 제2항 제2호

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