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(영문) 의정부지방법원 고양지원 2014.12.11 2014고단194

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of a B-to-pur vehicle.

At around 10:30 on December 23, 2013, the Defendant was under the influence of alcohol with 0.11% of alcohol concentration in blood, and the Defendant was driving the said car at a speed of 80km per hour in the direction of the Sinsan ICT from the long-term ICT direction to the four-lane road located in the Sinsan-gu, Busan Metropolitan City, Seoyang-gu.

The place was a section of the exclusive road that the vehicle runs on the left side by the speed of the vehicle, and the driver of the vehicle was obliged to accurately operate the steering gear and the brakes and to prevent the accident by checking well the right and the right and the right of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, neglected to do so, brought about the back part of the D freight vehicle driven by the injured party C (ma, 61 years old) who was driving at the three-lanes of the Madern, with the front part of the said car.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, the “influoral salt, etc.” that requires approximately two weeks medical treatment to the victim.

2. The Defendant violated the Road Traffic Act (driving) while under the influence of alcohol by 0.11% of blood alcohol concentration at the time and time as stated in paragraph (1) of this Article, the Defendant driven the said car at a section of about 10km from the Do in front of the Defendant’s residence in Pakistan to the roads adjacent to the Yongsan-gu Seoul Metropolitan City (Seoul) to the Simsan-do Freedom of Mangsan-do.

Summary of Evidence

1. Statement by the defendant in court;

2. A survey report on actual condition;

3. A written report from an employer;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

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

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

4. Grounds for sentencing under Article 62-2 of the Criminal Act.