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(영문) 춘천지방법원 원주지원 2013.08.27 2013고단414
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C low-est car.

On April 25, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.058% at around 20:50 on April 25, 2013, and led the Defendant to turn to the left at about 30 km from a three-lane distance from the 3-lane distance from the entrance of the Medical Service Corporation located in the Dou-Eup, Nowon-gu, Seoul Special Metropolitan City, to the left at the speed of about 30 km from the original city at the front city.

Since there are three streets in which signal lights are installed, a person engaged in driving duties of a motor vehicle has a duty of care to safely drive the motor vehicle according to his/her name.

Nevertheless, the Defendant neglected to pay a left turn due to the negligence of failing to pay a left turn, which led to the front part of the victim D(the age of 41) E-observer's driving, which led to the front part of the driver's observer's vehicle in the front part of the said high observer driver's vehicle, in spite of the fact that the Defendant neglected to pay a left turn.

Ultimately, the Defendant suffered injury, such as damage to light water for a period of up to one year, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of a person causing bodily injury in the course of duties

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (within the scope of adding up the long-term punishments);

1. Circumstances unfavorable to the reasons for sentencing (aggravated factor) under Article 62(1) (b) of the Criminal Act: Where the illegality of the proviso of Article 3(2) of the Special School Traffic Act is serious (where at least two proviso are applicable), or where an serious injury, other than a serious injury, has occurred;

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