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(영문) 의정부지방법원 2012.11.29 2012고단2529
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence 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 of Chived vehicle.

On August 16, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 0.076% in blood alcohol concentration on August 16, 2012, and proceeded with the front of the Yongsan-gu 101 Dong-dong road at his own city to the front of the Yongsan-gu 101 Dong-dong road at his own government, as the front of the 2nd Dong office.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by taking into account the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant got the victim F (50 years old) who was on the road adjacent to the driver's seat of the said Defendant while driving the said road due to the negligence of neglecting it and driving it on the said road. The part of the victim F (50 years old), who was on the road adjacent to the driver's seat of the damaged vehicle, was placed in front of the said Defendant's driving vehicle.

As a result, the Defendant caused the victim D by such occupational negligence to suffer approximately two weeks of catitiss, etc., which require treatment for approximately six weeks, and to the victim F, the victim F was the right-side part, the fifth double satisfy, etc. requiring treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A traffic accident report;

1. On-site photographs;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

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

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

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the violation of the Road Traffic Act, imprisonment shall be sentenced

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 (i.e., the first offender and the deposit of some funds).

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