logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2017.06.14 2017고단432
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of 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 of a Cbea cruise vehicle.

On April 19, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.119% in blood, and 0.10% in the Eup/Myeon of Chang-si, Chang-si, Masan, a member of the Chang-si, who is in the middle-sea area of the city of Chang-si, pushed off the e-wing distance of the victim D (53 years old) who was under the influence of alcohol and was under the influence of alcohol to the middle-sea area of the inside of the city of Chang-si, the Defendant, by negligence in the course of business, did not properly brea the front-sea area of the city of Chang-si due to the influence of alcohol, shocked the back of the air-wing vehicle of the victim D (53 years old) who was in the atmosphere

After all, the Defendant suffered injury, such as salt dynasium, which requires approximately two weeks of treatment by occupational negligence as above, to the above victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts and the point of causing bodily injury from occupational negligence in the choice of punishment: Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, the

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (aggravated Punishment shall be punished by imprisonment with prison labor for concurrent crimes within the scope equivalent to the total sum of the length of the above two crimes, which are prescribed for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents that has no heavier punishment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to six years; and

2. Reference to the sentencing guidelines for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) [In the case of traffic accidents] Class 1 (Bodily Injury resulting from Traffic Accidents) (Special Sentencing) - In the case of minor injury resulting from mitigation factors (including serious efforts to recover damage) - In the case of driving an aggravated element of drinking alcohol, etc. (the decision in the sphere of recommendation] mitigation area [the scope of recommending punishment] mitigation area / [the scope of recommending punishment] reduction area.

arrow