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(영문) 수원지방법원 여주지원 2017.03.22 2016고단1574
교통사고처리특례법위반(치상)등
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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle with detached motor vehicle from B.

On September 15, 2016, when the defendant occupied the front road C at the 02:37 Embling of the Gyeonggi-do, the defendant proceeded along the one-lane from the bridge to the bridge of the bridge.

At the time, there is a night and a place where the center line of the yellow real line is installed, so the defendant engaged in driving service has a duty of care to thoroughly drive the front city and safely depending on the lane.

Nevertheless, the Defendant suffered injury, such as the “fluoring off the left-hand fluor,” which requires approximately 16 weeks of medical treatment, by taking the front part of the victim D(45 aged) who was fluoral due to the negligence in driving the central line while under the influence of 0.141% of alcohol in blood.

2. On September 15, 2016, the Defendant violated the Road Traffic Act (drinking) driving a vehicle with alcohol level of 0.141% from the front parking lot of the Hongmun-dong bus terminal to the front road of the same city at around 02:37 on September 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the detection of a driver at the main place of business (A) and a statement in the circumstances of the driver at the main place of business (27 pages);

1. Application of Acts and subordinate statutes of a medical certificate;

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 suspended execution;

1. Order of community service;

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