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(영문) 서울중앙지방법원 2014.09.03 2014고단3141
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Around 09:50 on April 6, 2014, while under the influence of alcohol of 0.0.057% of blood alcohol concentration, the Defendant driven a B B B B B B-low-low-scale car and proceeded with the first lane of Incheon Highway, which is 23 km away from the 23km-dong, Gyeonggi-do, Gyeonggi-do, under the influence of alcohol, caused the Defendant to observe the said B-K5 car by negligence in the course of duties, by failing to accurately operate the steering direction and operating the steering gear while under the influence of alcohol, and by failing to accurately operate the steering direction and steering system, by failing to exhaust the ebbbb, and by failing to exhaust the ebbb and operating it, the Defendant suffered from the victim C and the victim E with the injury of about 3 weeks in need of medical treatment, and at the same time, the Defendant sustained the injury of the 13-day eb., the e., the e., the e., the e., the victim and the 15-day.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable mutatis mutandis to the crimes, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (a point of driving a sound driving) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment, imprisonment without prison labor and imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 38 (2) and 50 of the same Act for the increase of concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Order to Provide community service and attend lectures [the scope of recommendations] where illegality in the proviso of Article 3(2) of the Act on the Special Cases of School Traffic is serious (the person under special circumstances] among the first type (the injury of traffic accidents) of general traffic accidents (the scope of punishment] (the decision of sentence] of imprisonment with prison labor for one year (the decision of sentence shall be made] and the person under special circumstances of two

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