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(영문) 광주지방법원 순천지원 2013.05.29 2013고단456

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

On February 18, 2013, the Defendant, while under the influence of alcohol 02:05, 0.122% of the blood alcohol concentration, driven a Brocketing traffic vehicle, and led to the road front of the king City Ordinance-dong, which is located in the Hacheon City Ordinance-do, to a speed of about 40km from the blind distance protection in the fishery market to the reputation and the direction.

At the time, since the victim C (V, 26 years old) was at night and was located on the roadway, there was a duty of care to prevent accidents in advance by checking whether the damage was safe by reducing speed and stopping the situation at sufficient intervals.

Nevertheless, the Defendant neglected to do so and caused the victim to suffer bodily injury, such as the blood transfusion, which requires a medical treatment for about six weeks, by taking the front part of the vehicle's bridge crossing the road to port from the right side of the direction of the course of the on-road vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents (1), and (2);

1. Report on the actions taken against the driver, and report on the status of the driver's practice;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the main driving and the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the appointment of imprisonment without labor

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 62 (1) of the Criminal Act on the stay of execution (Considerations, such as the violation of the defendant, the absence of criminal records exceeding fines, and the purchase of comprehensive insurance and the agreement with the victim);