logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.05.10 2017고단335
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 December 3, 2016, the Defendant was under the influence of alcohol content of 0.072% during blood. Around December 22:3, 2016, the Defendant: (a) driven DK5 car by business; (b) had the victim receive approximately 161-6 km from Jini-si Eup, Jin-si, Seoul; and (c) had the victim receive approximately 12 weeks of injury, such as the closure of a vegetable vehicle that needs to be treated at approximately 12 weeks; and (d) had the victim receive from the front offender for the above K5 passenger car and receive from the victim for treatment of the injury, such as a vegetable injury to each of the instant vehicles, and a vegetable injury to the victim (40 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. An accident scene map, a traffic accident actual inspection report, a notification on the results of crackdown on drinking driving, and a statement of the circumstances of the driver who takes charge of driving;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act (the point of each duty and negligence) and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] In the case of bodily injury (one to three years) in the special aggravation area (one type) (one type), in the case of drinking driving, etc. (one type), the following circumstances and degree of drinking, the defendant's age, occupation, sex, etc.).

arrow