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(영문) 춘천지방법원 원주지원 2014.09.16 2014고단667
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. Around 00:30 on June 27, 2014, the Defendant driven a rocketing vehicle with blood alcohol content of about 0.092% from a section of about 500 meters to the front road of the stage-based apartment located in the same Dong from the road adjacent to the Roman, even though the Defendant was under the influence of alcohol at around 00:30,000.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of Category B rocketing vehicles.

At around 00:30 on June 27, 2014, the Defendant driven the said vehicle while under the influence of alcohol of 0.092% with a blood alcohol concentration of 0.09%, and driving the three-lane road in front of the phase-in apartment zone in front of the phase-in apartment zone at the original city level along the two-lanes from the distance-free distance to the bus terminal. The Defendant did not properly see the right and the right and the right, and did not accurately operate the steering direction and operation system, and did not operate the steering direction and operation system on the three-lane course of the victim C (n, 26 years old) driving from the previous three-lane course due to the occupational negligence of changing the course of the vehicle into the three-lane course of the victim C (n, 26 years old), respectively, suffered injury to the victim E (age 25 years old) who was taking the front part of the Defendant’s vehicle and taken the front part of the said mother-learning vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Application of each written report on detection and each written diagnosis to statutes;

1. Article 3 (1), Article 3 (2) (proviso) 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 ordinary concurrent crimes;

1. As to the crime of causing bodily injury by occupational negligence in the choice of the kind of punishment, imprisonment without prison labor shall be imposed, and as to the crime of violating the Road Traffic Act, each choice;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (within the scope of adding up the long-term punishments);

1. The Criminal Act, the suspension of execution;

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