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(영문) 수원지방법원 2014.06.12 2014고단1385
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who drives B vehicles;

On December 29, 2013, the Defendant, while under the influence of alcohol on 0.147% of blood alcohol concentration on 19:15, got back at a speed lower in the signal signal atmosphere in order to turn to the right at the left at the direction of yellow intersection in the valley-dong housing at the Suwon-si.

When it is likely to impede the normal flow of traffic of pedestrians, other motor vehicles and horses, drivers of all motor vehicles and riders of horses have a duty of care to drive their motor vehicles and riders of horses to cross the road, to make a U-turn or moving backward.

Nevertheless, the defendant, while neglecting such duty of care, conflict with the part of the fronter part of the victim C(the age of 49, the remaining) driving in the direction of the signal in the rear side with the backer part of the Defendant's driving vehicle.

The Defendant, by these negligence, sustained injury to the victim C, such as catitiss, which requires approximately two weeks of medical treatment, and injury to the victim E (the 44 years of age, women) such as catitiss, which requires approximately two weeks of medical treatment.

2. When the Defendant was under the influence of alcohol by 0.147% as stated in paragraph (1) of the Road Traffic Act, the Defendant driven the B vehicle from the area where he was under the influence of alcohol with the 0.147% alcohol concentration of blood, to the 70-meter radius from the area where he was under the influence of alcohol, to the fluoral fluoral fluoral fluoral fluor

Summary of Evidence

1. Defendant's legal statement;

1. C's accident explanatory note;

1. A report on the actual state of the driver;

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 concerning Criminal Facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, choice of imprisonment without prison labor or imprisonment for the violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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