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(영문) 수원지방법원 2016.05.25 2016고단918
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the Cststren's car.

On February 13, 2016, the Defendant driven the above person's Dong while under the influence of alcohol 0.062% of alcohol concentration in blood at around 23:05, and proceeded along the 7-lane in front of the shooting distance in front of the new road located in the Singu, Sinwon-dong, Sinwon-si along the 3-lanes from the network flow distance to the center of the water source, the Defendant neglected to perform the duty of execing in front, while driving the vehicle due to negligence in the course of driving the vehicle while driving the vehicle at the front part of the same lane, and the latter part of the EW car of the D Driving, which was under the influence of the signal waiting at the front part of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim F (52) who was on board the damaged vehicle due to the above occupational negligence, such as the “satisf and tensions before the flusium,” which requires approximately two weeks of medical treatment,” and at the same time damaged the victim F (52) car owned by the victim Plus Co., Ltd. to repair the said EMW car amounting to KRW 24,849,539.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

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

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on accident scene and accident vehicle photographs;

1. Article 148-2 (2) 3 and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 Article 151 of the Road Traffic Act concerning facts constituting an offense;

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 Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Reasons for sentencing (the sentencing criteria are not applied) under Article 62(1) of the Criminal Act (the favorable circumstances in light of the reasons for sentencing) of the suspended sentence (the reasons for sentencing) (the reasons for sentencing are not applied): The circumstances that are favorable to the driving of drinking alcohol (the reason for sentencing).

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