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(영문) 수원지방법원 성남지원 2014.07.15 2014고단1069
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.However, the execution of the above imprisonment for a period of two years from the date this ruling becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:20 on October 4, 2013, the Defendant driven a Crenice car at his/her residence located in the same city B located approximately 10km away from the street side of the restaurant of “high-gu swine mosium” located in the erode of Gwangju City while under the influence of alcohol by 0.126%.

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 passenger car as set forth in paragraph 1

On October 4, 2013, at around 01:30, the Defendant, while under the influence of alcohol as described in the foregoing paragraph 1, driven the said car and proceeded with the victim D who was driven by the Defendant on the road with the front wheels of the said car driving by negligence in the course of business, who neglected to take the front road while driving the car at the front side of the city of Gwangju, from the front side of the city of Gwangju to the front side of the road.

As a result, the Defendant suffered injury, such as cutting down the body part of the body part of which detailed is unknown, which requires medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement of E and F;

3. Requests for appraisal; and

4. A written report from an employer;

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

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) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the choice of imprisonment);

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

3. Article 62 (1) of the Criminal Act;

4. Social service order under Article 62-2 of the Criminal Act;

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