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(영문) 춘천지방법원 속초지원 2016.04.20 2015고단645
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaged in the operation of Cunst Motor Vehicles.

On December 11, 2015, the Defendant driven the said car under the influence of alcohol content of 0.098% among blood transfusions on December 15:30, 2015, and continued to drive the said car along the two-lanes in front of the long distance of 281,000, from the right side of the Sinsi National University, along the two-lanes from the right side of the Sinsi National University.

In such cases, the driver had a duty of care to prevent accidents in advance by safely driving the former, the latter, and the left and right.

Nevertheless, due to the negligence of neglecting this, neglecting the front-time city and running in a flexible manner, the part of the victim D( South, 36 years old)'s EXE driving, followed by the car in front of the above road, was taken into account as the part of the Defendant's driving in front of the above rocketing car.

Ultimately, Defendant 2 suffered injury, such as salt, tensions, etc., in need of approximately two weeks of treatment by negligence in the course of business as above.

2. On December 11, 2015, the Defendant, in violation of the Road Traffic Act, driven the said straw-free car under the influence of alcohol content 0.098% in alcohol while under the influence of alcohol, from the front road of a container with snow music in the Choyang-dong, Young-si, Seocho-si, to the full-scale roads located in 281 as an inner hot spring.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographss related to traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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

1. Relevant Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the driving of drinking alcohol, the choice of imprisonment with prison labor).

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