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(영문) 광주지방법원 2014.05.28 2014고단1186
교통사고처리특례법위반등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 18, 2009, the Defendant was sentenced to a fine of 5 million won for the crimes of the Road Traffic Act, etc. at the Gwangju District Court on June 18, 2009, and on September 25, 2008, the same court was sentenced to a suspended sentence of 4 years and six months for the crimes of the Road Traffic Act.

On March 22, 2014, the Defendant: (a) was a person who is driving a vehicle B and is engaged in driving a vehicle; (b) while driving the said vehicle under the influence of alcohol 0.106% on March 22, 2014, the Defendant was driving the said vehicle at a 0.10% alcohol level, and then driving the two-way post office located in the 349-lane northwestwest-gu, Gwangju, into a high-tech area located in the Gerobbb area, from the Gerobbb area to the high-tech two districts; (c) the Defendant was under the influence of driving the erobbbbbbal of the victim C (31 years old) driving in the atmosphere of the erobbal course when he was negligent in the course of performing duties that did not well see the erobal left, and caused the victim to receive approximately two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of a written statement concerning the occurrence of a traffic accident prepared C;

1. Entry in the circumstantial statement report of a host driver;

1. To describe a copy of the medical certificate;

1. Previous convictions: Application of Acts and subordinate statutes entered in criminal records;

1. Article applicable to criminal facts;

(a) point of the injury caused by occupational negligence in its holding: Article 3 (1) and (2) (proviso) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

(b) The point of drinking under the judgment: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and (2), and 50 of the Criminal Act (limited to an aggravated punishment determined for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with Heavy Punishment, but the lower limit of the punishment shall follow the lower limit of the punishment determined for the violation of the Road Traffic Act in the holding);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1)).

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