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(영문) 춘천지방법원 영월지원 2014.08.29 2014고단260
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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Category B New Flast or other car.

On April 27, 2014, the Defendant driven the said car on April 23:30, 2014, and continued the front road of the KT Training Center from the direction of the intersection to the Alpentan-ro, as the rent-type rental order of the Gangseo-gun, Gangwon-do.

At this time, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the left door and the left door and the steering system to the person engaged in driving service at night.

Nevertheless, the Defendant neglected this and operated the said vehicle while under the influence of alcohol level 0.119%, and did not properly look at the right and the right and the right of the vehicle, and did not see the victim C(44 years old) who walked around it, and received the victim as the front part of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the part of L1, which requires approximately 12 weeks of medical treatment due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) set forth in paragraph (1) while under the influence of alcohol by 0.119% in the section of approximately 2 km from the 2km section from the dong apartment parking lot located in the city of Pyeongtaek-gun, Gangwon-do to the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, reports on the actions taken against the driver, and reports on the status of the driver;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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