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(영문) 광주지방법원 2013.11.22 2013고단4954
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 25, 2013, the Defendant, at around 22:40, driven a BM3 vehicle while under the influence of alcohol with approximately 3 km of alcohol content 0.187% of alcohol level on the bridge located in the same Gu and located in the river basin near the Songdong-dong Gwangju Mine-gu, Gwangju.

2. On September 25, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) driven the said vehicle under the influence of alcohol; (b) driven the said vehicle; and (c) driven the two-lanes of the Hasan Bridge in the dong-dong-dong-gu, Gwangju at the speed of about 60km from the Myeon-ri to the Myeon-ri; (b) caused the injury of the victim C (n, 58 years old); (c) by neglecting his duty of care to accurately operate the steering and steering gear; and (d) by neglecting his duty of care to accurately operate the steering and steering devices; (d) caused the victim’s son (n, 58 years old); (c) obtained the victim from the front driver of the vehicle for about two weeks, resulting in the injury of the victim, such as the salt and tension in a confection that requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual condition survey report and the circumstantial statement of a host driver;

1. Relevant legal provisions concerning facts constituting an offense, and 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 in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( comprehensively considering the blood alcohol concentration of the accused, criminal records, the degree of injury of the victim, the fact that the damaged vehicle has subscribed to an automobile comprehensive insurance policy);

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

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