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(영문) 수원지방법원 2018.07.04 2017고단8610

교통사고처리특례법위반(치상)등

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of 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 service C.

On 26. 26. 5:43 on 2017. 26. 5:43, the Defendant, while under the influence of alcohol, 0.158% of alcohol content, had the victim D (64 ) go back to the water level from the direction of the direction of the Felur in the eth of the above ethic City E by burning the victim D (64 ) on the back of the ethath.

At all times, signal lights have been installed on the front door, so there was a duty of care to prevent accidents in advance by driving safely in accordance with the traffic signals by reducing the speed of persons engaged in driving.

Nevertheless, the suspect neglected this and proceeded to turn to the left of the water from the edge of the king church in accordance with the new subparagraph due to the negligence that is going to the left while the signal was sent to the stop of the vehicle.

The part on the right side of the HH driver's H is shocked by the defendant's upper part into the left side, and the victim who was on the back side of the G driver's car was shocked with the surface.

Defendant 1 suffered injury to the victim due to such occupational negligence as above, such as 12 weeks of sexual intercourse, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Report on the occurrence of a traffic accident, report on the results of regulating the driving of drinking and report on the circumstances of the driver of drinking;

1. A report on investigation and a report on actual investigation;

1. Photographs;

1. Blue boxes and video CDs;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act for the aggravation of concurrent crimes (the punishment shall be imposed on a person injured by violating the Act on Special Cases concerning the Settlement of Traffic Accidents which is heavier than the punishment) shall be imposed for a maximum term of