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(영문) 의정부지방법원 2013.11.22 2013고단3330
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 car by borrowing B.

On August 2, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.196% around 21:45, while under the influence of alcohol on August 2, 2013, and proceeded at a speed of about 30 km per hour at a speed of about 30 km in accordance with the two-lane from the Man-ri-ri-ri-ri 646-1 located in the Namyang-do, Seoyang-do, Seoyang-do, Namyang-do.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with a view to driving the motor vehicle well.

Nevertheless, the Defendant, while under the influence of alcohol, found that the victim C (the 64-year-old driver)'s frighting car was stopped in the signal atmosphere, and took action of operation, but did not stop, and did not stop the back part of the above frighting car and shocked it into the front part of the car. Accordingly, the fM5-si of the victim E (the 48-year-old driver) who was standing in the signal atmosphere at the front of the frighting car.

As a result, the Defendant suffered from the above occupational negligence that caused injury to the victim C, such as fluoral salt, which requires approximately two weeks of medical treatment, and the part requiring medical treatment for approximately two weeks of medical treatment to the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual condition survey report;

1. Accident site and vehicle photograph;

1. A report on detection of a host driver;

1. Medical certificates (E, C);

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning the Crime, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving);

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

1. With respect to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the punishment of imprisonment without prison labor or the violation of the Road Traffic Act shall be applied;

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