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(영문) 광주지방법원 목포지원 2015.03.05 2015고단4
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C Freight.

On December 14, 2014, at around 18:40, the Defendant driven the above cargo while under the influence of alcohol with 0.092% of alcohol concentration 0.0.092%, and was proceeding in front of the road in front of the Hamsan-gun, Hamsan-ri, Empo-ri, a Hamsan-ri, in the front of the road in front of the Hamsan-gun, the Defendant was found to have been placed in front of the above cargo vehicle due to the negligence of neglecting the Jeonju-ri under the influence of alcohol and failing to properly operate the steering and steering devices.

Ultimately, the Defendant suffered injury to the victim D (n, 69 years of age) along with the foregoing cargo vehicle due to the foregoing occupational negligence, such as the closure frame of the body body of the body in need of approximately 11 week medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and photographs related to accidents;

1. Making a report on the control of drinking driving;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act (within the scope of the sum of the long-term punishments for two crimes, and punishment shall be imposed by imprisonment with prison labor);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Basic area, April to October (the person who is a special relative shall be appraised equally with the person who is a drinking accident or an actor who is a special mitigation and shall be appraised equally with the person who is an actor who is a special mitigation and who is not subject to punishment

3. The defendant was injured by the victim as to whether the sentence was sentenced or suspended, but the defendant's mistake was recognized and reflected, the fact that the defendant agreed with the victim, the fact that the motor vehicle comprehensive insurance was subscribed to, and the defendant was fined.

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