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(영문) 인천지방법원 부천지원 2017.05.18 2017고단648
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 13, 2017, the Defendant: (a) driven a three-lane 3-laned road in front of the Nowon-gu Seoul Special Metropolitan City, Seocheon-si; (b) driven a DNA 0.072% alcohol concentration in the blood; and (c) driven the road along the two-lanes of the two-way driving distance from the two-way driving distance to the two-way driving distance. Since there are crosswalks where signal, etc. are installed at the front side of the road, the Defendant was obliged to take care of the road in order to reduce speed and drive the road in a safe manner pursuant to the new subparagraph; (b) due to the negligence of the Defendant’s negligence in driving the vehicle while under the influence of alcohol, and caused the victim (the victim) to suffer from an injury to the right side of the road, such as the two-way driving distance, and the victim (the victim) suffered from an injury to the front part of the road, such as the two-way driving on the right side of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to E (List 7);

1. A survey report (list 1), inquiry into the results of crackdown on drinking driving (list 4), and a medical certificate (list 8);

1. Application of photograph (List 2) Acts and subordinate statutes;

1. Relevant Acts concerning the facts constituting an offense, and Articles 148-2 (2) 3 and 44-2 (1) of the Road Traffic Act, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1, 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the person who was injured on duty, actual injury, and imprisonment without prison labor);

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the circumstances favorable to the defendant (a traffic accident in violation of signalling during the operation of Obane) such as the defendant's favorable circumstances (a confession, reflectiveness, elementary crime, minor, comprehensive motor vehicle insurance policy, subscription to the motor vehicle agreement by payment of 20 million won and the victim's penalty is not possible), the unfavorable circumstances (a traffic accident

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