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(영문) 수원지방법원 2016.08.25 2016고단2727
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 driving a B car.

On April 20, 2016, the Defendant had a duty of care to drive a car with the above car under the influence of alcohol level of 0.188% in the front intersection of the “Do History Village” located in the Dog-Eup, the wife population at Gan-si, Gan-si at Gan-si, and to drive the car under the influence of alcohol level of 0.188% in the Gju-si. Thus, the Defendant had a duty of care to drive the car on the front side of Gwangju-si. The Defendant had a duty of care to operate the steering system, brakes, and other devices accurately.

Nevertheless, the Defendant, as seen above, was negligent in the course of performing duties driving a vehicle in full while under the influence of alcohol and shocked the part behind the DSS5 car of the victim C(Y, 36 years old) who was waiting for the signal at the bend of the bend in the bend of the said car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as salvinal salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident explanatory note;

1. Notice of the result of crackdown on driving alcohol;

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

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 alcohol, the choice of imprisonment), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without 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 same Act (to the extent that the long-term punishment for the above two crimes is added up, but to the minimum limit, it shall be governed by such punishment as prescribed for the crime of violation of the Road Traffic Act) of the aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] of the General Traffic Accidents Act (in the case of causing traffic accidents), the basic area (from April to one year) (special mitigation (in the case of special mitigation)) is minor.

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