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(영문) 수원지방법원 2013.12.18 2013고단5894

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

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 B-learning automobiles.

On September 15, 2013, the Defendant was under the influence of 05:50% of blood alcohol concentration 0.241% and was under the influence of alcohol, and was under the influence of the Defendant’s driving of the above-learning passenger vehicle, and was under the influence of bypassing to about 40 kilometers per hour in the direction of the Gandong Police Station in the direction of the Gandong Police Station to the direction of the new world department store.

Since this is a three-distance intersection where automobile traffic is frequent, there was a duty of care to check the safety of the course before the right of way and check the safety of the right of way.

Nevertheless, the Defendant, while under the influence of alcohol, found the D Albaon car driven by the victim C(the age of 46) prior to being negligent, and operated it late, but did not avoid it, and received the above Abaon car from the front part of the Abaon car without being able to avoid it.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of B-learning automobiles under the influence of alcohol by 0.241% at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

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

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

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. The accident occurs when the defendant under Article 62 (1) of the Criminal Act drives under influence of alcohol;