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(영문) 수원지방법원 안양지원 2014.02.18 2013고단1756

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten 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

On October 27, 2013, the Defendant, while under the influence of alcohol 05:25 on 05:25, the blood alcohol concentration of 0.067%, driven Bpd passenger cars and proceeded along four-lanes of national highways 1, the national road length of the front three-lane, which is located in the flying road during the Annyang-si period and is located in the flying road during the Annyang-si period, along the 4-lane in Seoul.

However, since there was a crosswalk where a signal, etc. is installed, in such a case, the person engaged in driving service has a duty of care to safely drive the signal in accordance with the signals by reducing the speed and taking into account the right and the right and the right.

Nevertheless, while under the influence of alcohol, the Defendant neglected to perform the above duty of care and proceeded as it is, by negligence, disregarded that the direction signal is a stop signal, and led the victim to go beyond the floor by taking the bicycle front portion of the victim C(76 years old) driving to the port from the right side of the direction of the Defendant’s running in accordance with the pedestrian signals.

After all, the Defendant suffered from the above occupational negligence that requires six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. A traffic accident report (1) (2) (actual survey report);

1. A report on the actual state of the driver;

1. A written request for appraisal, a written report on request for appraisal, and a written appraisal of blood alcohol concentration;

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

1. Article 3 (1), the proviso to Article 3 (2) 1, and Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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;

1. The accused for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc.