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(영문) 부산지방법원 2013.12.10 2013고단7065
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B M& car.

On September 28, 2013, at around 04:10, the Defendant driven the said car with a blood alcohol concentration of 0.124% 0.10%, and caused the injury of the victim, who driven the said road normally, due to the negligence of driving the four-lanes in front of the joint machinery company located in the school district of the thought-gu, Busan along the ten-lane distance from the long-distance distance of the thought-gu, the Defendant suffered from the victim C (the age of 45) who driven the said road normally by driving the said road at the front part of the said marina car for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A report on the actual state of the driver;

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

1. Article 3 (1), the proviso of 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) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving a motor vehicle while driving a motor vehicle);

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

1. Article 62 (1) of the Criminal Act (which reflects the fact that there is an agreement with the victim, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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