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(영문) 수원지방법원 2015.07.09 2014고단6799

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person engaged in driving a rocketing car.

On August 13, 2012, at around 21:13, the Defendant, while under the influence of alcohol of 0.131%, driven the said rocketing car with the above alcohol content, and continued to proceed to the Hannam-dong 503, Gangnam-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to take care of a prior accident by properly operating the steering gear and steering the steering gear in order to prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, was under the influence of alcohol and was negligent in not operating the brake system, and was driven by the victim C(the age of 41) who was driven by the victim C(the age of 41).

The Defendant suffered injury, such as salt ties and tensions, which require approximately two weeks of treatment by occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Requests for appraisal;

1. A photograph of an accident vehicle;

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

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) (proviso) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment (the point of causing occupational injury, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (

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

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Training [Scope of Recommendation] General Traffic Accidents (In the case of minor injury (in the case of a person subject to special mitigation) (in the case of a person subject to special mitigation)] / In the case of serious illegality in the proviso of Article 3(2) of the School Specialized Law (in the case of a sentence decision), the circumstance presented as the special mitigation (in the case of a sentence), and the circumstance presented as the above special mitigation (in the case of a person subject to special mitigation) is against the defendant.