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(영문) 광주지방법원 2018.06.28 2018고단1554
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2018, under the influence of alcohol level of 0.109% among blood alcohol level, the Defendant driven a CYa car at a 0.109%, and continued to drive the CYa car at the GYa-dong-dong-gu-dong-gu-dong-gu-gu-ro from the Asian Culture Hall. Since there is a signal apparatus at this place, the Defendant, who was in breach of the duty of care to safely drive under the new subparagraph, caused the victim D (63 years old), who was driving under the ground of the left-hand turn, due to the negligence of violating the signal, led the victim D (63 years old), who was driving under the ground of the Asia Culture Hall-si-si, to suffer injury to the victim, such as the victim's left-hand panion and lusa part of the said TYa-si car, and to suffer injury to the victim, such as the victim's injury on the left-hand side of the 6th day, the victim's injury on the left-hand side of the 2nd day.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Copy of a statement made under the circumstances of the driver in charge;

1. A copy of each written diagnosis;

1. Each photograph;

1. Application of CD-related Acts and subordinate statutes

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1), the proviso to Article 3 (2) 1 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 (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act [the punishment shall be imposed by imprisonment within the scope of the total sum of the maximum term of the punishments specified for each of the said crimes: Provided, That the minimum term of the punishment specified for any violation of the Road Traffic Act shall be applicable];

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures under the Criminal Act;

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