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(영문) 수원지방법원 평택지원 2015.01.16 2014고단1745

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 who is engaged in driving a K5-car.

On October 31, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.085% 0.085% around 21:50 on October 31, 2014, and led to a two-lane road in front of Pyeongtaek-si, along the one-lane from the direction of the inn Park, to the king pathal sugar.

Since there is a cross-section that is a prohibited area of overtaking, the defendant has a duty of care to refrain from overtaking.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in passing through the left-hand side to the right-hand side of the victim D (hereinafter referred to as 41 years of age) who was driving in the same direction by bypassing the above intersection and driving in the same direction. The Defendant received the front part of the penter and the wheels of the said K5 vehicle.

Ultimately, the Defendant, by occupational negligence, sustained from the victim E (the 33 years old) who was on the top of the operation of the said victim D and the vehicle with the highest engine, for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving), 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, which applies to each written diagnosis;

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

1. Where a person commits a violation of the Road Traffic Act, such as punishment, imprisonment, or a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, such person shall choose

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant has been punished three times due to drunk driving in the past, but the motor vehicle is driven in the state of drinking.