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(영문) 수원지방법원 2015.05.27 2015고단946
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 18:27 January 25, 2015, the Defendant: (a) driven a e-cub vehicle under the influence of alcohol concentration of 0.179% on the front of “D-cubed restaurant” in Suwon-si C, Suwon-si; (b) driven the E-cub vehicle at the front of the said vehicle in the direction of alcohol concentration of 0.179%; and (c) proceeded along the two-lanes of the e-cuburine in the middle of the e-gresponding from the e-gresponding side of the e-gresponding side of the e-gresponding two lanes, while under the influence of alcohol, the Defendant breached the duty of due care to accurately operate the e-gresponding and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation without permission.

Ultimately, at around 20:58 on the same day, the Defendant caused the death of the Victim F in J Hospital located in Suwon-si I due to the shock of the amount of credit blood at KRW 1,00,000, and suffered injury to the Victim G, such as divers of dives, which requires approximately 20 weeks of treatment, and suffered injury to the Victim H, such as dives of credit, which requires approximately 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and H;

1. The actual condition survey report;

1. The circumstantial report on the driver and the report on detection of the driver;

1. A death certificate and each medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts;

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

1. Selection of imprisonment without prison labor or imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act: Provided, That the lower limit shall be the same;

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