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(영문) 수원지방법원 2014.04.17 2013고단7123

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on November 29, 2013, the Defendant driven the car at a three-lane near the Home 169 Home clock, the blood alcohol concentration of 0.137% under the influence of alcohol at Osan-si, Osan-si, and proceeded directly in accordance with the four-lanes of the water level from Osan-si to the water level of the water level from Osan-si.

At this point, there was a duty of care to safely proceed in accordance with the signals, and as a person engaged in driving service, there was a duty of care to safely proceed.

Nevertheless, the Defendant neglected to do so and received the left-hand side of the victim C(28 years old) driver's Daburged car driving in the direction of the gold industry company from the direction of the 19 complex in which the Defendant violated the signal by leaving the front stop signal as it is, due to occupational negligence, and thereby violating the signal.

As a result, the defendant suffered spawn spawn spawn, etc. requiring treatment for about two weeks to the victim E (30 years of age) who is the victim of the above victim and the victim vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a report on detection of a drinking driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and the violation of the Road Traffic Act, each choice shall be sentenced to imprisonment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act shall be punished by imprisonment with prison labor for concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever is heavier, among concurrent crimes, and the lower limit shall be in violation of the Road Traffic Act; and