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(영문) 수원지방법원 평택지원 2016.11.17 2016고단1466
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 B car.

On April 25, 2016, the Defendant driven the above vehicle while under the influence of alcohol of 0.106% with blood alcohol concentration of 0.50%, and led the Defendant to drive the vehicle at about 30km in speed from the direction of the front side of the passenger middle school in Pyeongtaek-si to the direction of the front side of the passenger middle school in Pyeongtaek-si.

At the time, since it was night and located near the intersection, there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle at the front, right and right of the road, and safely.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding at the front of the Defendant’s vehicle C(the age of 43) driving in the front of the Defendant, and received the back part of the Defendant’s vehicle C(the age of 43) driving in the front of the passenger vehicle.

As a result, the Defendant suffered, by negligence, the injury to the victim and the victim E (the age of 35) who was on the same job, such as catum catum, which requires approximately two weeks of medical treatment, and the victim F (the age of 37) who was on the same job, such injury as catum catum catum that requires medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on actual condition, inquiry on the results of the control of drinking driving, and application of Acts and subordinate statutes to medical certificates;

1. Article 3 (1), the proviso to 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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act shall be based on probation and community service order.

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