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(영문) 수원지방법원 안산지원 2015.04.29 2014고단1003
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around March 21, 2014, the Defendant was driving a DNA car under the influence of alcohol with a blood alcohol concentration of 0.233% from a section of approximately 200 meters from the front of the line to the roads front of the C building, located in Ansan-si, Ansan-si, Ansan-si, and at around 21:05, the Defendant was under the influence of alcohol at around 0.23%.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a knife vehicle.

The defendant proceeded with a one-lane road in front of the Bupyeong-gu Busan Metropolitan City, Ansan-si, the above temporary border, along one-lane from the 3rd-dong community service center in the Yo Park.

At all times, the F K5 car driven by the victim E (n.e., 34 years old) stops in order to wait for left-hand turn signal, so there was a duty of care to stop safely following the above K5 car by thoroughly operating the vehicle in front time and using the brake system as appropriate.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and was negligent in proceeding and received the parts of the above K5 vehicle’s back part as the front part of the said car k5 vehicle in front of the said car k5 vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the climatic salt, etc. in need of approximately two weeks of treatment to the victim E, from the victim G (V, 43 years of age) on board the same vehicle as the victim E, the climatic salt, etc. requiring approximately two weeks of treatment, and the victim H (V, 34 years of age) on board the same vehicle, respectively, for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of penalty;

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