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(영문) 춘천지방법원 2014.07.17 2014고단527

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On May 1, 2014, at around 08:35, the Defendant driven a 0.121% alcohol concentration in blood, and proceeded at a speed of about 30 kilometers in speed, starting from the Cheongcheon apartment room, the Defendant driven a new apartment room near the salary high school located in the Chuncheon City, the afterman City.

In the vicinity of this, high school and apartment complex have a lot of traffic for pedestrians, so in such a case, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and to check the safety of the course, and to ensure the safety of the course.

Nevertheless, the Defendant, while neglecting the influence of alcohol and proceeding as it is, was faced with the two sides of the victim C(I am, 17 years old) to the left side from the right side of the right side of the road.

As a result, the defendant suffered injury to the victim, such as the influence, which requires approximately two weeks of treatment due to the above occupational negligence of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the report on the occurrence of a traffic accident, the report on the actual condition, the report on the request for appraisal, the report on the request for appraisal, the report on the entry into a driver's license, and the report on investigation;

1. Relevant provisions of relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] is the basic area (in April to October) of the first category of traffic accident (in case of special mitigation) (in case of a person subject to special mitigation) (in case of a person subject to special mitigation) / The illegality in the proviso of Article 3(2) of the School Specialized Law is heavy.