logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.11.29 2018고단3259
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 28, 2018, while under the influence of alcohol level of 0.148% without a driver's license, the Defendant driven a car with 4 km 2 cm B from a Do from which it is impossible to know about 0.148% of alcohol level in the flow system of the Gwangju Mine-gu without a driver's license, and led the Defendant to drive a car with 4 km east B cm from the right-hand side of the D main road located in Gwangju Mine-gu C at right-hand side according to one lane of the D main road located in Gwangju Mine-gu. On the other hand, the Defendant caused by negligence the victim E (55 years) by neglecting the duty of due care to safely drive the steering system and operation of steering system, while he was negligent in driving the car, and caused the Defendant to suffer injury, such as brain-inception for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A copy of a medical certificate;

1. The driver's license ledger (the No. 11 of the evidence list);

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to the crimes of violating Road Traffic Act and the crimes of violating Road Traffic Act (non-licenseed Driving);

1. Selection of imprisonment without prison labor for crimes violating the Traffic Act at the option of punishment, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Reasons for sentencing in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the Criminal Act [the punishment shall be imposed by imprisonment within the scope of the sum of the maximum term of the punishments specified in each of the above crimes, provided that the minimum term of the punishment specified in the crimes of violation of the Road Traffic Act is the same as the minimum term of the punishment specified in the crimes of violation of the Road Traffic Act] / [the type of the decision] type 1 of the ordinary traffic accident [the person causing a traffic accident].

arrow