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(영문) 수원지방법원 여주지원 2017.03.22 2016고단1551
교통사고처리특례법위반(치상)등
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 B car rental car.

On November 10, 2016, the Defendant driven the said car under the influence of alcohol content of 0.105% among blood transfusions on November 16:10, 2016, and turned to the opposite direction to the said intersection, while driving the said car at a 0.105%, and driving the two-lane road in front of the intersection of the Do Drlar Sports Park in Ethi-si, Ethi-si, Ethically, in the direction of Ethical IC, along the one-lane in the direction of Ethim IC from the direction of Ethcheon ICT, the Defendant turned to the opposite direction.

In such cases, the driver of the vehicle has a duty of care to change the lane after examining whether there is a vehicle driving on the left-hand left-hand left-hand side.

Nevertheless, the Defendant neglected this and went to the left-hand turn due to the change of the lane to the left-hand side of the victim C (65 years) who was driving by the victim C(65 years). The Defendant received the right-hand part of the DNA passenger car as the front-hand part of the said car car.

As a result, the Defendant driven a motor vehicle under the influence of alcohol, and caused the victim to suffer injury, such as the left-hand shacker, which requires approximately two weeks medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting of a traffic accident (1) (2);

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148(2)2 and Article 44(1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommendation] of the Criminal Act, the basic area of the first type of traffic accident (the injury caused by traffic accidents) (four months to one year).

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