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(영문) 수원지방법원 안양지원 2018.05.03 2018고단172

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On January 11, 2018, the Defendant driven the said car while under the influence of alcohol 0.122% during blood transfusions, and led the Defendant to proceed from the sking side of the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si.

At night, it was difficult to keep the surrounding areas at night, and at all times, it is a bend road with a median cost installed. In such a case, the driver of the motor vehicle had a duty of care to prevent accidents and safely drive the steering gear by putting the front left and right on the part of the person engaged in driving the motor vehicle, and by accurately manipulating the steering and brake devices.

Nevertheless, the Defendant neglected this and caused the victim C (32 years) who was on the top of the military spoking to shock the center of the military spoke in the front part of the Defendant’s vehicle by negligence while under the influence of alcohol as seen above, and was on the top of the military spoke, thereby facing the victim C (32 years of age) who was on the top of the military spoke, requiring approximately twelve weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the appointment of imprisonment without prison labor), Article 148-2 subparag. 2 and Article 44(1) of the Road Traffic Act (the point of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Considerations, such as the reflection of the fact, the victim's preference against the defendant, the fact that the motor vehicle comprehensive insurance was subscribed, and the fact that there is no criminal history);

1. An order to attend a course under Article 62-2 of the Criminal Act;