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(영문) 광주지방법원 2019.01.17 2018고단4178
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 23, 2018, while under the influence of 06:25% of blood alcohol level, the Defendant driven a 30km BK3 car from the place where it is impossible to identify the parcel number of the 0.212% in the Seo-gu Standing District in Gwangju Seo-gu, Seo-gu, Gwangju, and proceeded into the fluorribribribrib in Gwangju, according to the two-lanes of the roads prior to the monthly intersection road located in the Seo-gu, Sungsung-gu, Sungsung-gun, Sung-gun, Sung-gun, Seo-gun, Seo-gu. The Defendant neglected the duty of care to safely drive the car by negligence while driving the car without neglecting the duty of care to safely drive, and thereby, caused the Defendant to suffer the injury of salt and tension of the fluorribribrib.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each photograph (Nos. 5, 24 of the evidence list);

1. A copy of a medical certificate;

1. A written appraisal of blood alcohol;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), 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, and Article 268 of the Criminal Act (the occupation of

1. former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act from among concurrent crimes (limited to imprisonment and a short-term punishment prescribed for a violation of the Road Traffic Act)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of Punishment] traffic accidents in general traffic accident (the person who is a special person) - sources of punishment for mitigated factors - Involuntary driving [decision on the recommended sphere] basic area [decision on the recommended sphere] from April to one year [the scope of recommendation range] - No record of criminal punishment for mitigated factors (decision on the sentence] - The above sentencing factors and the defendant own own.

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