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(영문) 수원지방법원 성남지원 2013.08.29 2013고단1326

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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 April 20, 2013, at around 19:40, the Defendant driven a rocketing car with a blood alcohol content of 0.105% 0.105%, and led the Defendant to proceed one-lane between the five-lanes from the horizontal-dong bank of the Tri-gu Seoul Metropolitan City by driving the Crocketing Tweetn car with a blood alcohol content of 0.105%.

The driver of any motor vehicle has a duty of care to refrain from changing course when it is likely to impede normal traffic of other motor vehicles running in the direction of changing course.

Nevertheless, the Defendant, while neglecting such duty of care as seen above, was driven under the influence of alcohol by the Defendant, and the part of the E-gpppppacker’s back part of the E-gpacker’s vehicle driven from the four-lane to the two-lane is the front part of the said rocketing passenger vehicle, and the back part of the G bus driven by the Victim F, who continued to walked in the two-lane signal at the two-lane, was driven by the front part of the said rocketing passenger vehicle.

Ultimately, the Defendant suffered from each injury to the victims, such as the annexed Crime List, by negligence in the course of business as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Each medical certificate, general medical certificate, and invoice and receipt of outpatient medical expenses;

1. Application of Acts and subordinate statutes to investigation reports (as of June 3, 2013);

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of imprisonment without prison labor or imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Selection of Punishment;

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

1. The Criminal Act, the suspension of execution;