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(영문) 광주지방법원 2019.02.19 2018고단5161
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2018, while under the influence of alcohol at 0.205%, the Defendant driven a 500-meter DM3 car from the Do in the north-gu Seoul metropolitan market in Gwangju north-gu, and led the Defendant to proceed into the luminous slope in accordance with the roads in front of Gwangju north-gu E apartment Fdong. On the ground that the Defendant had a duty of care to safely drive the front bank and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care were to be exercised, but due to the negligence on the part of the Defendant driven while neglecting it, and caused the Defendant to suffer injury, such as salt, tensions and tensions, which require the treatment of approximately 2 weeks for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Each photograph (Nos. 5 and 6 of the evidence list);

1. The circumstantial statement of the employee;

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

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] of ordinary traffic accidents (the person causing a traffic accident) - sources of punishment for mitigated factors - Involuntary driving [Determination of the recommended sphere] basic area [the scope of recommendation sphere] from April to one year [the scope of recommendation] - The same criminal record [the decision of sentence] that does not constitute a repeated offense of aggravated factors] and the defendant.

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