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(영문) 수원지방법원 평택지원 2016.07.29 2016고단897

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 a car in the B SP area.

On April 5, 2016, the Defendant driven the above vehicle while under the influence of alcohol content 0.136% during blood transfusion 0.20% on April 5, 2016, and led to the flow of the road of Pyeongtaek-si C in front of Pyeongtaek-si, one lane from the boundary of the veterinary hospital at the time of designated 25 Spets to the Daegu Spetus.

In this case, the driver of the vehicle has a duty of care to prevent accidents in advance by looking at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the driver of the vehicle are safe.

Nevertheless, due to the negligence of neglecting this, the part of the victim D(35)'s right-hand door of the B 5-on-hand k5-on-hand car, which was stopped on the right side of the defendant's front side, was received as the part of the defendant's right-hand door.

After all, the defendant suffered from the injury of the victim E (35 years) who was on the same line on the above D and the above K5 car due to the above occupational negligence, for the purpose of hospital treatment for approximately one day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to victims D;

1. A report on the actual condition of traffic accidents and a report on the occurrence thereof;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Certificates for each admission and discharge;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to 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 Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on the Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavier punishment);

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