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(영문) 수원지방법원 2016.08.25 2016고단2615
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 XG car by borrowing B.

The Defendant was under the influence of alcohol concentration of 0.182% in blood, and around March 3, 2016, around 04:40, on the road of Suwon-si, Suwon-si, the four-lane roads in front of Suwon-si, Suwon-si, Seoul, along the two-lanes of the road from the mountain bank to the Seoul bank.

It is a road with a speed of 60 km per hour, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents and drive safely by complying with the restricted speed and accurately manipulating steering gear and brakes.

Nevertheless, while the Defendant neglected this and driven the said vehicle at a speed of about 127 km per hour exceeding 67 km, the Defendant did not discover the victim D(55) who was driving the vehicle in the same direction as the vehicle on which the Defendant driven and changed the vehicle into two lanes, and did not discover the vehicle in two lanes, and received the left side of the vehicle driving by the Defendant on the right side of the vehicle on which the Defendant driven.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim D to suffer injury, such as salt, tensions, etc., in need of approximately two weeks of treatment, and the victim F (22 years of age) who was on board the chief boarding, to suffer multiple injuries in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. Notification of the results of regulating drinking driving;

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

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of sentence of imprisonment and imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and 38(2) of the Criminal Code, which aggravated concurrent crimes.

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