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(영문) 수원지방법원 2017.11.29 2017고단6166
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On June 23, 2017, the Defendant driven the said car under the influence of alcohol content of 0.118% in blood at around 01:30, while driving the said car, and continued to drive the said car at a speed of about 50 km from the intersection of the thring line to the C of the D cafeteria located in Giung-gu, Young-gu, Young-si.

A driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and operation of the steering gear by reducing speed and keeping the steering right and the right and the right of the front.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a stroke while driving the stroke, and the roadside trees, which were deep on the left side of the road, went beyond the opposite road, was entirely divided into the front side of the Defendant’s driving.

Ultimately, the Defendant suffered, by negligence on duty, from the victim E (22) who was accompanied by the said car due to the foregoing occupational negligence, a scambling of the trend in need of treatment for about six months.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of Acts and subordinate statutes, such as a traffic accident report, a statement on the situation of the driver in charge, an accident site photograph, a medical certificate, and a written opinion;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution under Article 62(1) of the Criminal Act (contributating favorable circumstances among the reasons for sentencing), conditions unfavorable to the reasons for sentencing - driving under drinking and the occurrence of accidents resulting therefrom. - The injury suffered by the victim due to the instant case is serious. The favorable circumstances - the Defendant recognized all the criminal facts. - The agreement with the victim is reached.

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