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(영문) 수원지방법원 2015.08.13 2015고단1688
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 one year 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 Brenren car.

On April 19, 2015, the Defendant, while under the influence of alcohol 0.080% of blood alcohol concentration on April 20:25, 2015, driven the car of the Karen and proceeded with the road in front of the police box of the wife population Myeong Dong-dong, Man-dong.

Although a person engaged in driving of a motor vehicle has a duty of care to operate a brake and steering gear accurately and safely, the defendant was under the influence of alcohol, due to the negligence that he was unable to accurately operate the brake and steering gear, and due to the negligence that he was in the influence of alcohol, he received the back part of the CMF3 motor vehicle which was standing in front of the car of the car of the car of the car of the car of the car of the car of the CM3, and then received the victim D(43 years) (43 years).

The Defendant, by these negligence, injured the victim E and the victim F, who is a driver of the SM5 vehicle, by causing approximately two weeks of medical treatment, and inflicted injury on the victim D, such as finites, which requires approximately ten weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement, E, or D concerning the occurrence of each traffic accident;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Accidentd vehicles and field photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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 Traffic Accidents by Selection of Punishment, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order

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