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(영문) 수원지방법원 성남지원 2016.06.02 2016고단150

교통사고처리특례법위반등

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 30, 2015, the Defendant, while under the influence of alcohol 0.135% during blood transfusion on December 30, 2015, driven a e-car with approximately KRW 9km from before the GS (GS) Logistics Center located in Ischeon-si to the roads near the D gas station located in Gwangju City.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, when driving the above vehicle at the time of the same day and driving the two-lanes near the oil station in the speed of the above D at approximately 60km in speed from the ebbbs. In such a case, the Defendant: (a) was negligent in driving the vehicle with the duty of care to accurately operate the steering direction and brakes, and prevent the accident by operating the steering ebs well; (b) while under the influence of alcohol, the Defendant had the victim F (44 years old) who was parked in the front part of the G car driving in the front part of the vehicle and caused the victim FF to suffer an injury, such as catum dump, which requires a about 3-day medical treatment; and (c) at the same time, the victim H and 84 years old, who was on board the damaged vehicle, suffered an injury to the damaged vehicle, such as spine at the time when he was under the duty of care to prevent the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

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

1. Selection of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a crime of violating Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.