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(영문) 수원지방법원 안산지원 2019.07.24 2019고단1459

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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 March 31, 2019, while under the influence of alcohol by 0.168%, the Defendant driven a 1km cM520 vehicle near the Dong-gu in Ansan-si, Ansan-si, and led the Defendant to proceed to the beginning area from the direction of the front road in Ansan-si, Ansan-si, according to the road front of the Dong-gu, Ansan-si. The Defendant neglected the duty of care to safely drive the steering of the steering gear and the operation of the steering gear while neglecting the duty of care to safely and safely, and caused the injury to the victim E (29 years old) due to the negligence of driving the vehicle by driving the vehicle while neglecting the duty of care to accurately operate the steering gear and the operation of the steering gear. The Defendant sustained from the front part of the above SM520 car the back part of the Ftibol-si car, which was driven by the victim E (29 years old and tension) for about two weeks in need of treatment, and suffered from the injury to the victim (29 years old and tension).

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Copy of the E statement;

1. On-site photographs;

1. The circumstantial statement of the employee;

1. Application of statutes to copies of each written diagnosis;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act concerning criminal facts;

1. The provisions of Articles 40 and 50 of the Criminal Act (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents).

1. Selection of imprisonment with prison labor and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the crime of violation of the Road Traffic Act in the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the punishment shall be imposed by imprisonment within the scope of the sum of the long-term punishments as provided for in each of the above crimes: Provided, That the short-term punishment as provided for in the Road Traffic Act shall be the lowest limit

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under the Criminal Act;