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(영문) 광주지방법원 순천지원 2016.06.16 2016고단220
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

The defendant is a person engaged in driving a driver's vehicle with B gallon.

On January 21, 2016, while under the influence of alcohol 00:40% from blood, the Defendant started driving a vehicle with the above gallon that was parked in a four-lane from the four-lane road in front of the gallon, and proceeded in the direction of the main apartment in the new flag, and changed the lane into three-lane.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front left left right and the left right and the steering system of the motor vehicle to change the lane, and to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant did not find a car in the column D that is driven by the victim C while driving in three lanes due to negligence while neglecting it. The Defendant received the front part of the car in front of the right side of the passenger car in the above gallon and the pentel part after the left side of the driver car with the above gallon.

As a result, the Defendant suffered, by negligence in the above business, around two weeks from the victim C, a salt panion in need of treatment for approximately two weeks, etc., and the victim E who was on a passenger car in the above Do, suffered from each of the following:

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. On-site photographs of traffic accidents;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Determination of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents shall be made;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) of the Criminal Act, which aggravated concurrent crimes.

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