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(영문) 수원지방법원 성남지원 2017.12.07 2017고단2657
교통사고처리특례법위반(치상)등
Text

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

The Defendant is a person who is engaged in driving a Grand Car.

1. On August 24, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led to the following: (a) the Defendant, while under the influence of alcohol 0.168% at the center of Gwangju City, was driving at approximately 30 km each hour on a two-way road at the ebbbbs of ebbs from the ebs of the ebspons; (b) a two-way road was driven at the speed of about 71 meters at the center of Gwangju City.

At the time, the road in operation of the Defendant was located on the bridge without wide width. In such a case, the Defendant had a duty of care to safely drive the vehicle with the safety distance secured by the front side and the front side.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the Defendant’s vehicle C (55 years old, 50 years old, 50 years old, 50 years old, 50) following the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as dump dump dump, which requires approximately two weeks of medical treatment, due to the above occupational division and room.

2. The Defendant violated the Road Traffic Act (drinking driving) at the time and time set forth in paragraph 1, the Defendant driven a car in the Grandheading City under the influence of alcohol concentration of about 0.168% from the distance from approximately 300 meters to the two strings as described in paragraph 1, in the middle of the beginning of Gwangju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

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

1. The Criminal Act, the suspension of execution;

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