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(영문) 수원지방법원 안양지원 2018.04.24 2017고단2319

교통사고처리특례법위반(치상)등

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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

1. On November 21, 2017, the Defendant: (a) driven a vehicle under the influence of alcohol with a alcohol level of 0.122% at the 0.12%, while under the influence of alcohol, from the center of the main store in Yanpo-dong, Yanpo-dong, Busan to the shooting distance at the 8th entrance of the forest located in Ypo-dong, Ypo-dong, Ypo-dong, Ypo-si; (b) on November 21, 2017.

B. On November 21, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) proceeded with a forest shooting distance located in the Sinpo-dong, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, with a shooting distance range from eight square meters at the entrance of eight complexes,

In such cases, there was a duty of care to prevent accidents by changing the course after examining whether another vehicle is in progress in the direction of changing the driver of the motor vehicle.

Nevertheless, the Defendant neglected to make a left-hand turn while waiting at the vehicle line while driving alcohol, and due to the negligence of changing the course to the vehicle line before right-hand, and was driven by the victim C(51 ) who was straight at the two-lanes, the front part of the driver's seat of the Dona-si vehicle was received as the front part of the Defendant's vehicle.

Ultimately, the Defendant suffered from approximately two weeks of medical treatment due to occupational negligence as seen above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended punishment on the sentencing criteria: Imprisonment for up to two months (the scope of the recommended punishment) shall be general.