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(영문) 춘천지방법원 속초지원 2015.07.01 2015고단145

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 of the final judgment.

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 a C low-priced car.

On April 10, 2015, the Defendant driven the said car while under the influence of alcohol of 0.117% of blood alcohol concentration at around 23:38, the Defendant driven the said car, and driven the road of 4 lanes in front of the E in front of the Supo City D at the beginning of the Supo City along one lane from the right side of the Ppo port to the right side of the inner bathing beach.

In such cases, the driver has a duty of care to prevent accidents in advance by safely operating the person engaged in driving service with a duty of care to live well in the front, rear, and left and right.

Nevertheless, due to the negligence of neglecting this, neglecting it at the front-time and running in a flexible manner, the part of the victim F (the 47-year-old) driving in the traffic signal atmosphere at the front-side of the above road was followed by the G Sti-type driving of the victim F (the 47-year-old), followed the vehicle, and the part of the driver was committed in front of the driver's vehicle above the Defendant's driving.

As a result, the Defendant suffered injury to the victim, such as catitiss, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. On April 10, 2015, the Defendant: (a) around 23:38, the Defendant driven the said high-end car with approximately approximately KRW 60km section from the front of the Geumcheon-si, Geumcheon-si, Geumsan-si, to the front day of the Sinsi-si, Sin Sinsi-si, with approximately KRW 0.117% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and photographs concerning traffic accidents;

1. Application of Acts and subordinate statutes to notification of the statement of the state of drinking drivers, and the control of drinking driving;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances that are favorable to the same criminal records and three times: