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(영문) 의정부지방법원 고양지원 2016.06.14 2016고단807
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 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 CMW car.

On February 25, 2016, the Defendant driven the said car with alcohol content of 0.084% in alcohol during blood, and driven it to the mountain village located in the Seosan-gu Busan Metropolitan City, Seogsan Police Station at Goyang-si, Seoyang-gu, Busan Metropolitan City on February 25, 2016, and caused the victim D(44 years old) who was stopped at the front of the said BMW car due to his occupational negligence, while neglecting to stop at the front of the city, and caused the victim D(44 years old) to spread the back part of the said BM car while stopping in the front of the said BM car.

Ultimately, the Defendant caused by the above occupational negligence to the victim H (62 Do), the victim F, and the victim I (the 41 year old), who was on board the said taxi, who was on board the said victim D, the said passenger car, and the said taxi, by the above occupational negligence, the victim I suffered from the injury, such as fluoral salt, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of persons involved in each traffic accident of D, F, and A;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Each written diagnosis;

1. Application of accident scene and vehicle photographs-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act (the point of occupational injury and injury), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

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

1. Determination of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and a sentence of imprisonment for a crime of violating the Road Traffic Act;

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. Circumstances unfavorable to the sentencing of Article 62-2 of the Criminal Act: Drinking and traffic accident.

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