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(영문) 창원지방법원 2014.07.18 2014고단342
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 June 13, 2006, the Defendant was issued a summary order of a fine of one million won by committing a violation of the Road Traffic Act at the Busan District Court, and on April 4, 2007, sentenced to a fine of three million won by the same court as the same crime.

The defendant is a person who is engaged in driving a B E-car.

On December 30, 2013, at least 01:40% of blood alcohol level, the Defendant driven the said car and proceeded with the road in front of the 11th-lane of Kimhae-si, Kimhae-si, while neglecting the duty of Jeonhae-si, the Defendant took the right side of the victim C (the male and 22 years of age) on the road due to occupational negligence, and caused the victim to take the right side of the said car with the wheels of the said car, while the Defendant took the right side of the victim C (the male and 22 years of age) in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Evidence Nos. 2 to 6, 8, and 9 submitted by the Prosecutor

1. Before judgment: Application of the above evidence list Nos. 11 and 12;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment (Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the Selection of Imprisonment without prison labor), the driving under influence of alcohol (Article 148-2 (1) 1 and 44 (1) of the Road Traffic Act,

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that it reflects voluntary mitigation);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the degree of injury of the victim is minor, the fact that there is no record of being punished for motor vehicle comprehensive insurance, or the suspension of execution or more);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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