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(영문) 의정부지방법원 고양지원 2016.04.28 2016고단47
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 a period of 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 three-dimensional car.

On September 19, 2015, the Defendant driven the above vehicle under the influence of alcohol content of 0.119% in the blood alcohol level at around 01:10, while driving the vehicle at the speed of 0.119% and driving the shooting distance at the entrance of 45 dialogueed village No. 255, in the direction of the KNIC at the jurisdiction of the KNIC, on the job of violating the signal under the influence of alcohol, due to the Defendant’s negligence in the course of performing duties in violation of the signal, and led the victim D (the South, 59 years old) driving the front part of the 5-cab in the direction of the Defendant’s driver’s vehicle to turn to the left pursuant to the new subparagraph of the dialogueed village located at the jurisdiction of the KNIC, and caused the above victim to suffer injury, such as an injury to the mother road in need of approximately 32 weeks treatment, and caused the victim to the left-hand side of the 20-day victim’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Each written diagnosis;

1. A written appraisal of alcohol among bloods;

1. Application of statutes on field photographs and vehicle photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the fact that the person injured by occupational negligence, and the injury of the victim D is limited to the injury prescribed by Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents), Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the point of drinking driving) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Determination of each sentence of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a violation of the Road Traffic Act;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Heavy Traffic Accidents, but the punishment for such concurrent crimes shall be punished by imprisonment [the lowest punishment shall be the punishment for a crime concerning the violation of the Road Traffic Act (limited to the punishment that is set forth on drinking), and such punishment];

1. Article 62 of the Criminal Act:

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