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(영문) 수원지방법원 2013.06.19 2013고단1336
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is a person who is engaged in driving a BM5 vehicle.

On March 7, 2013, the Defendant driven the said car at a speed of 0.080% with a blood alcohol concentration of 0.080% on March 7, 2013, and proceeded two lanes at a speed of about 40km per hour, depending on the regressing side from the front side of the front side of the death-driven-dong of the Heungung-gu, Young-si.

Although a person engaged in driving service at night has a duty of care to conduct safely by examining well the right and the right and the right and the right and the right and the defendant was negligent in driving the motor vehicle under the influence of alcohol, and the defendant was bound by the victim C (the age of 43) who crossed the right and the right side from the left side of the motor vehicle to the front part of the foregoing motor vehicle, thereby causing the victim to suffer approximately 12 weeks of the border frame, which requires a medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A photograph of the vehicle and on-site photograph;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Investigation report on the application of the Badmark;

1. Statement to C by the police;

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

1. Article 3 (1) and 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 Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (All circumstances, such as the fact that the person has been punished for two-time driving, but has no record of punishment for drunk driving, etc. after 2005, confessions and reflects, and agreement with the victim);

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