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(영문) 대전지방법원 공주지원 2018.07.20 2018고단239
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 5, 2018, the Defendant driven Category B Poter under the influence of alcohol level of 0.164% from blood alcohol level on 0.164% and proceeded to turn to the left from the Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, according to the cleaning road in front of the cleaner 265, the Defendant got to turn to the left. As above, the Defendant, while under the influence of alcohol, operated the steering gear before reaching the left to the left, without properly examining the surrounding area, and operated the steering gear to the left to the left at the left at the center of the yellow real line, by operating the steering gear at the left-hand line at the left-hand line in the course of settlement from the discharge of the above road. The Defendant suffered from the victim C (the 29-year-old driver, the 29-year-old driver, the front part of the 20-day driver’s vehicle in front of the above Poter-gun, and suffered from the victim C’s 3-day therapy and the above 3-day 3-day-day-day-day trend.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Report on a traffic accident, notification of the results of crackdown on drinking driving (No. 13 No. 13 of evidence records);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving under influence of alcohol);

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

1. Selection of imprisonment with prison labor for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment, against the punishment without prison labor or the crime of violation of Road Traffic Act;

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. At the time of committing the crime of sentencing Article 62-2 of the Criminal Act with regard to community service and lecture attendance order.

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