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(영문) 수원지방법원 여주지원 2017.02.22 2016고단1547

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car.

On November 11, 2016, the Defendant driven the said car under the influence of alcohol content of 0.118% among blood transfusions on November 11, 2016, and driven the said car at a low speed in the direction of determining the two-lane roads in the front of the D-do located in Echeon-si C, and driving the two-lanes in the direction of the original global border.

At the time, the defendant's car transfer counter to the passenger car of the victim E (42 tax) stops in the traffic signal atmosphere, so in such a case, the driver of the vehicle has a duty of care to see the front door and accurately operate the brake system to safely drive the vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes, and thereby caused the above victim to the front part of the passenger car, following the franchise taxi operated by the above victim.

After all, the Defendant driven a motor vehicle while under the influence of alcohol, and caused the injury of the victim E and the victim G, who is a taxi passenger of the franchi, by negligence in the course of performing the above duties (the age of 19) due to the number of days of each treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. (1) (2) and the occurrence of a traffic accident;

1. Statement of the circumstances of driving at home;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act among the crimes of violation of each Act on Special Cases concerning the Settlement of Traffic Accidents;

1. As to the crime of violation of the Traffic Act by the option of punishment, imprisonment without prison labor and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a sentence of imprisonment without prison labor shall be chosen;