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(영문) 의정부지방법원 2013.04.30 2012고단3447
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 of the final judgment.

Reasons

Punishment of the crime

On October 16, 2012, the Defendant driven the said car under the influence of 0.156% of alcohol level around 01:25 on October 16, 2012, and was negligent in driving the car in the course of driving the car under the influence of alcohol leveling at 0.156% on the side of the Namyang-si of Gyeonggi-do, under the influence of influence of alcohol leveling to the room of the Forestry Research and Training Institute, while neglecting the duty of exponing the road under the influence of alcohol leveling on the part of the victim D (n, 48 years), E (n, 60 years old) who walked the right side of the road in the same direction, and suffered the victim D’s injury, such as the mouth of the confection in need of approximately 8 weeks medical treatment, and the victim E was in need of approximately 3 weeks medical treatment.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each written statement of D and E;

1. Traffic accident report, report on the status of driving on the driving on the drinking house, report on the status of the driving on the drinking house, and report on the status of the driving on the drinking house;

1. Each photograph;

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

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3 (1) and proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and a punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavy circumstances);

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the violation of the Road Traffic Act, imprisonment shall be sentenced

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (limited to concurrent crimes within the scope of adding up the long-term punishment for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever is heavier, and shall be punished by imprisonment with prison labor: Provided, That the lowest sentence shall apply to the punishment determined for the crime of violating the Road Traffic Act);

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