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(영문) 수원지방법원 성남지원 2014.07.10 2014고단984
교통사고처리특례법위반등
Text

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

2.However, the execution of the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

1. On December 24, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, following the driving of the said vehicle at around 23:20 on December 24, 2013, and caused the collision between the Defendant and the front part of the vehicle in front of the restaurant replacing the women and trees in Suyang-ri, Eup, Gwangju, due to the negligence of neglecting the front city at an insular speed, while driving the vehicle at an insular speed.

As a result, the Defendant suffered injury to the victim due to his occupational negligence in need of approximately two weeks of treatment.

2. The Defendant was under the influence of alcohol level of 0.082% on the date and time set forth in the preceding paragraph, and the vehicle volume was driven from the front day of the trade infinite-dong in Gwangju City to the front day of the restaurant replacing female trees as stated in approximately 13 km away from the trade infinite-dong in Gwangju City.

Summary of Evidence

1. Defendant's legal statement;

2. C’s statement;

3. A survey report on actual condition;

4. A report on detection.

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (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 criminal facts (the point of driving sound and the choice of imprisonment)

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

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

4. Social service order under Article 62-2 of the Criminal Act;

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