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(영문) 수원지방법원 안산지원 2019.03.27 2019고단100
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2018, while under the influence of alcohol by 02:35%, the Defendant driven a 2km BE car from the front of the light lighting distance located in the luminous-dong at the time of light lighting, and had the two-lanes of the front road at the time of ebbbbbbbbb in the direction intersection. On the other hand, the Defendant, while neglecting the duty of care to safely drive the steering of the steering gear and brake system, by neglecting the duty of care to safely operate the steering of the ebabba in the same manner, by neglecting the duty of care to ensure the safety by properly operating the steering gear and operation of the steering gear and brake system. The Defendant, while driving the ebababa in the front part of the ebababba car, suffered from the victim D’s injury, such as the ebababbba and tension for about two weeks treatment of the ebabababba, and the injury of the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Blue boxes, video CDs and photographs;

1. The circumstantial statement of the employee;

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

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. The provisions of Articles 40 and 50 of the Criminal Act (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents).

1. Selection of imprisonment with prison labor and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the crime of violation of the Road Traffic Act in the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the punishment shall be imposed by imprisonment within the scope of the sum of the long-term punishments as provided for in each of the above crimes: Provided, That the short-term punishment as provided for in the Road Traffic Act shall be the lowest limit

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

1. Article 62-2 (1) of the Criminal Act;

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