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(영문) 대전지방법원 천안지원 2015.08.24 2015고단1039
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

(b) Around 02:40, at approximately 4.7 km-si, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-dong, Seo-gu, Seo-gu, Seo-gu, to the front unit. The vehicle was driven at approximately 0.131% of blood alcohol content in the main stream of approximately 4.7 km-dong, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each written diagnosis;

1. A survey report on actual conditions and a field map;

1. Reports on the occurrence of a traffic accident, field photographs, data, etc.;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to a copy of the usage register of drinking meters;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Handling of Traffic Accidents under the relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (a point of driving a motor vehicle while in charge of driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Mutual Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C and E, and Aggravation of Crimes against Victims E with more criminal situation;

1. Imprisonment with prison labor for choice of punishment;

1. former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act among concurrent crimes [limited to the aggravated punishment prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents which has heavier punishment, but the lower limit shall be applicable to the violation of the Road Traffic Act];

1. Discretionary mitigation (Discretionary consideration) Articles 53 and 55 (1) 3 of the Criminal Act:

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act * The reason for sentencing under Article 62-2 of the order to attend a lecture * Since the sentencing guidelines are concurrent crimes with the crimes for which the sentencing guidelines are not set, the sentencing guidelines for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents refer to the lower limit [the scope of recommendation] for the mitigation area (one to six months from the injury of traffic accidents), [special mitigation] for punishment (including serious efforts to recover the injury), * The fact that the crime of this case is committed in the same kind of crime as the decision of the sentence, the fact that the victims have agreed smoothly with the victims, the fact that there is no history of crime exceeding the fine, and the fact that

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