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(영문) 수원지방법원 2016.08.30 2016고단2787
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

On January 29, 2010, the Defendant is a person who is engaged in driving a car in B, a person who was issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act at the Suwon Friwon on January 29, 201, and a person who was issued a summary order of KRW 1 million for the same crime in the same court on July 18, 2007.

On April 10, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.131% during blood transfusions on April 10, 2016, and came to turn to the left at the edge of the water source from the edge of the set distance at the intersection where the horizontal distance of the sponter, which is located in the speed of the Suwon-si.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to clearly see the front side and safely proceed in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant, by negligence in the course of duty, neglected to turn to the left in violation of the signal and caused injury to the victim, such as fluoral salt, tension, etc. requiring approximately two weeks of treatment by the victim C(53C) driving on the left side of the car of the Defendant for D business use, who was fluored from the shooting distance on the left side of the mastal end.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(1)1 and 44(1) (the point of drinking alcohol, the choice of imprisonment), Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor) concerning criminal facts;

1. On January 1, 200, the first sentence of Article 37, Article 38(1)2, and Article 38(2), and Article 50 of the Criminal Act (Provided, That the lower limit shall apply to the punishment that is set forth for the crimes of violating the Road Traffic Act) of the said Act;

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