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(영문) 대전지방법원 논산지원 2013.12.24 2013고단393
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 16, 2013, the Defendant driven a wing and freight vehicle B with a blood alcohol concentration of 0.129% around 17:30, while driving on June 16, 2013, the Defendant received the roadside trees from the Defendant’s vehicle along the front side of the freight vehicle by deviating from the direction to the right side of the vehicle, without accurately operating the steering gear and brake devices, while driving along one lane from the west-gun to the west-gun of the west-gun-gun, the Defendant was driving along the one-lane.

As a result, the Defendant suffered from the injury of the victim C (V, 44 years old) who was accompanied by the Defendant’s cargo, such as 10 weeks of medical treatment, and the injury of the victim D (V, 35 years old), who is the same passenger, such as the part of the knife, in need of medical treatment for about 3 weeks, and the injury of the victim E (V, 49 years old) who is the same passenger E (V, 5 years old), such as the part of the knife executives in need of medical treatment for about 19 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Each written diagnosis, practical survey report, field photographs, and the report on detection of a host driver, or the application of video-related Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with the largest criminal situation);

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, Article 38(1)2 and Article 38(2) of the Criminal Act and Article 50 of the Criminal Act [However, the lowest limit shall be set for a violation of the Road Traffic Act (the crime of drinking and driving);

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