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(영문) 수원지방법원 성남지원 2015.12.22 2015고단2354
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be postponed for a period of 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 engaging in driving a C Atop car.

On August 8, 2015, the defendant driving the above car at around 04:55, and driving the shooting distance D in the Gyeonggi-si, Gwangju-si.

At all times, a person engaged in driving on the intersection with signal lights has a duty of care to see the front door and to prevent accidents by observing signal signals.

Nevertheless, the Defendant was negligent in drinking and proceeded to a stop signal while violating the signal, and the part of the right side of the victim E (the age of 45) driving car left left from the opposite part of the Defendant’s running direction by negligence was received as the front part of the Defendant’s car.

Ultimately, the Defendant suffered from the above occupational negligence such as injury to the victim E, such as the escape from a warning sign, which requires approximately four weeks of medical treatment, and injury to the victim F who was accompanied by the Defendant’s car, such as escape exit, etc. for about twelve weeks of medical treatment.

2. Around August 8, 2015, the Defendant driven C Atop car under the influence of alcohol by 0.119% in the section of approximately 1km from the 1km section from the Dabro-Gu, Gwangju Metropolitan City, to the place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

2. E statements;

3. Notification of a survey report on actual condition and the control of drinking driving;

4. 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 Handling of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

2. Article 40 or 50 of the Criminal Act for the ordinary concurrences and Selection of Punishments. Article 40 (Preparation of Imprisonment without Labor or Imprisonment)

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

4. The victims of Article 62(1) of the Criminal Act shall be punished against the accused.

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