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(영문) 서울서부지방법원 2016.04.08 2015고단3202
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 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 c-car.

On August 12, 2015, the Defendant driven the said car while under the influence of 0.112% alcohol during blood in around 19:08, while driving the said car, and proceeded with the three-lane road in front of the 315-lane in the reunification of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, in accordance with the three-lane in the direction of a red distance from the independent direction.

In this case, since the victim D (V, 46 years old) driving E-V in the front of the Defendant’s vehicle was under a stop due to the body of the vehicle, the driver had a duty of care to prevent accidents in advance by safely driving the steering vehicle by reducing speed in advance and accurately operating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and was negligent in proceeding and received the part behind the Defendant’s vehicle in front of the instant benz vehicle.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, in need of approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The second-time protocol concerning the examination of suspect with respect to F;

1. The ledger using sobling measuring instruments;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to the cutting of damaged vehicles booms images;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures.

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