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(영문) 수원지방법원 2016.06.01 2016고단1601
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 a period of two years 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 Bchip car.

On March 20, 2016, the Defendant, while under the influence of alcohol at 0.110% during blood transfusion, driven a free-to-land with a alcohol level of 0.110%, led to the driving of the free-to-land and driving of the free-to-land road in front of the DNA telecom in the wife population C from the distance on the side of both branches.

At the time, there was a vehicle waiting for signal and stopping at the front time, so there was a duty of care to reduce the speed of the vehicle driving service and to properly manipulate the steering and brakes, and to prevent the occurrence of the accident by accurately manipulating the steering and brakes.

Nevertheless, the Defendant was driven by the victim E (56) who was under the influence of alcohol and was waiting for and stopping a signal at the front section by negligence while neglecting it as mentioned above, and was driven by the victim E (56) as the front part of the Defendant’s car.

After all, the Defendant, by such occupational negligence, caused a victim E to suffer a rush with no room in the two opens where approximately two weeks of treatment is required, and at the same time caused a victim G (V, 52 years of age) who was accompanied by the said rush No. 52 to suffer a rush with no room in two opens where treatment is required for about four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each traffic accident report;

1. A written statement of the driver who takes charge;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of injury caused by occupational negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor for a crime of violating the Traffic Act on the selective road traffic at the option of punishment and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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