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(영문) 의정부지방법원 고양지원 2014.08.13 2014고단958

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

Punishment of the crime

The defendant is a person who is engaged in driving of CAD motor vehicles.

On April 25, 2014, at around 02:00, the Defendant driven the said car under the influence of alcohol with 0.102% of alcohol concentration 0.102%, and proceeded along three-lanes from the direction of Ktex B to Egnis in the direction of Ktex B.

A person engaged in driving duty, even though he/she has a duty of care to properly operate the steering wheel and brakes well, has a duty of care to drive safely, he/she suffered injury, such as the damage of the adjacent land and power lines in need of about eight weeks of treatment for the victim, due to the negligence in the course of his/her duty of care due to the change of the vehicle in four lanes inevitably due to the negligence in the course of duty, which led to the change of the vehicle in four lanes, and the latter part of the EF tower of the victim D, which is proceeding in four lanes due to the negligence in the course of duty.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A traffic accident report, a report on detection of the primary driver, and a medical certificate;

1. Application of Acts and subordinate statutes governing accident sites and vehicle photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and (2), and 50 of the Criminal Act [limited to the maximum of long-term punishments, but the minimum of the punishments shall be determined by the crimes of violation of the Road Traffic Act];

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

1. Sentencing Criteria for sentencing under Article 62-2 of the Criminal Act: The offense of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a traffic crime, a general traffic accident, a type 1 (the injury of a traffic accident), a basic area, a credit cooperative's April to October that has been punished twice by a fine for a drunk driving.

. A traffic accident;