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(영문) 수원지방법원 평택지원 2014.03.19 2013고단1620
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2013, the Defendant driven the above cargo vehicle under the influence of alcohol concentration of 0.083% at around 21:10 on October 26, 2013, while driving the above cargo vehicle under the influence of alcohol concentration of 0.083% on the two-lanes, the Defendant driven the front of the Aju apartment vehicle at about 50 km of speed among three lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving a motor vehicle with a driver's duty of care by living well on the front side and the left side.

Nevertheless, the Defendant, while under the influence of alcohol, negligently driven while driving a vehicle at the bend, she shocked the part of the victim C (the 28-year-old driver) driver's back of the vehicle under the new subparagraph at the bend (the 28-year-old driver's license), and the said part of the victim E (the 25-year-old driver's license) driver's back part of the vehicle under the influence of alcohol was shocked by the front driver's license.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, who is a driver of the car in the aboveland, such as a slock in the part-frequency, which requires approximately six weeks of medical treatment. The Defendant suffered, respectively, the injury to the victim E of the car in the car in the above slock, such as light salt, which requires approximately two weeks of medical treatment, and the injury to the victim G (V, 22 years of age) who was on board the car in the above slock and the same H (22 years of age) for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. 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, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving while driving a motor vehicle);

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

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