logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2016.08.24 2016고단407
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2016, the Defendant driven a rocketing passenger car, without obtaining a driver’s license of a vehicle around 20:20 on March 15, 2016, and was under the influence of 0.138% of alcohol during blood while driving the said rocketing passenger car at the mar of the D cafeteria located in C when running it.

At that time, since the vehicle was parked, there was a duty of care to accurately operate the steering and steering system, the person engaged in the driver's duty of care.

Nevertheless, under the influence of alcohol, the Defendant was parked on the following side of the rocketing passenger car due to negligence.

E received the front left door of the F K5 car from the top left door of the K5 car, and then received the top part of the victim G(47 tax) waiting to drive the said K5 passenger car on behalf of the said K5 passenger car, and then received the top part of the victim G(47 tax) following the other car.

As a result, the Defendant suffered approximately two weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

The report of traffic accident in the police statement G to the defendant's legal statement by the defendant, the field of traffic accident, the examination of evidence, the statement report on the situation of the driver in charge, the notification of the results of the drinking driving control, the application of statutes

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the traffic accident;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment without prison labor or imprisonment without prison labor;

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

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.

arrow