logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2014.08.21 2014고단562
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

Criminal facts

The defendant is a person who is engaged in the operation of Cone Star Car.

On February 28, 2014, the Defendant was under the influence of alcohol content 0.069%, and around 19:35 on February 28, 2014, the Defendant driven the said car and driven the two-lane road in front of the Sonsan Village 6 Complex located in Soyang-gu, Goyangyang-gu, Goyangyang-si, along the two-lane road from the parallel distance to the parallel distance.

At the same time, the victim D(Nam & 43 years old) Epote car stops and calls for signal at the front of the first lane, so the defendant has a duty of care to reduce speed by properly examining the front section and properly operate it.

Nevertheless, the Defendant neglected to drive a vehicle while under the influence of alcohol and caused the Defendant to drive the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the Defendant, and caused the victim F (F, South, 47 years old) who was under the influence of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front.

As a result, the Defendant suffered from the victim D and F’s negligence in the course of performing the above business so as to require approximately two weeks of medical treatment, such as salt, tension, etc., respectively.

Summary of Evidence

1. Statement by the defendant in court;

2. Written statements of D and F;

3. A written report from an employer;

4. Reports on traffic accidents, and vehicle photographs;

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

1. 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 and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment without prison labor or imprisonment without prison labor;

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

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

6. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is under drinking again even though he/she had been punished for drinking twice in the past.

The traffic accident has been granted to two victims.

arrow