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(영문) 의정부지방법원 고양지원 2016.09.01 2016고단1511
교통사고처리특례법위반등
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

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

On May 7, 2016, the Defendant driven the above vehicle under the influence of alcohol of 0.087% with a blood alcohol concentration of 0.087% around 03:10 on May 7, 2016, and driven the road along the two-lanes of the three-lanes of the way in which it is located in the law of Mangsan-gu, Busan-si.

At the time, there were nights, and there were vehicles in the vicinity, so that they were duty of care to drive safely by checking the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant neglected to change the vehicle line as it is, and caused the impact on the right side of the victim C(the 61-year-old driver) driving the victim C(the 61-year-old driver) who was driving on the same side.

As a result, the Defendant suffered from the above occupational negligence that caused the injury to the victim C, such as “definite salvatum,” which requires approximately two weeks of medical treatment to the victim E (the 28-year old-age), the victim E (the finite), who is the passenger of the victimized vehicle, such as “dinite finites on the left part,” which requires approximately two weeks of medical treatment, and that the victim F (the finite, the 20-year-old passenger) who is the victim of the victimized vehicle undergo approximately three weeks of medical treatment.”

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to traffic accident actual condition survey reports, accident accident accident report, accident accident report on jun drivers, and report on jun drivers status;

1. Article 3 (1) of the relevant 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 the facts constituting an offense;

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

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment and the Road Traffic Act;

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

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