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(영문) 춘천지방법원 강릉지원 2014.11.28 2014고단366
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 is engaged in driving 49cc Orala.

On December 14, 2013, the Defendant driven the blood alcohol concentration of 0.145% on the 18:50% on the 14th day of December, 2013, while driving the said lebb, driving the D agency located in Gangseo-si C, driving the D agency in front of the D agency located in Gangseo-si C from the direction of the river to the Dog University, and making the ebbbbs at a speed of about 20km from the ebs

At the same time, there is a center line of yellow solid lines, and in such cases, there was a duty of care to avoid breaking the center line as a person engaged in Otobane driving.

Nevertheless, the defendant neglected this and was driven by the victim E (the 17-year-old) who was going to the opposite direction of the defendant's proceeding due to the negligence of illegally snicking the central line, and was driven by the victim E (the 17-year-old).

As a result, the Defendant suffered knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee feb

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on detection of a host driver;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (a point of driving a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( space between a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act);

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and the violation of the Road Traffic Act, each choice shall be sentenced to imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 38(2), and Article 50 of the Criminal Act shall apply.

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