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(영문) 수원지방법원 평택지원 2017.03.29 2016고단2498

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a K3 car.

On October 6, 2016, the Defendant driven the foregoing vehicle while under the influence of alcohol content of 0.178% during blood transfusion 0.6.21:35, and driven the two-lane road in front of Pyeongtaek-si C at a non-speed speed depending on one-lane from the frist distance to the frist apartment on the frist of the frinam-si.

At the time, since it was at night, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with a view to keeping the front door well and safely.

Nevertheless, the Defendant neglected to do so and was negligent in driving at the front of the passenger car, which was driven by the victim E(35) who was parked in the signal atmosphere at the front of the passenger car. The lower part of the lower part of the victim E(35) was handed down as the front part of the passenger car.

Ultimately, the Defendant suffered from the injury of the victim E and the victim G (37 tax) who was on board the said passenger car due to the above occupational negligence, such as fluoral salt fluoral fluor, requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning a crime under the relevant Act, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of each duty and negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of imprisonment with prison labor and imprisonment without prison labor for a crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents, with respect to selective punishment for a violation of traffic law;

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The Criminal Act;