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(영문) 수원지방법원 평택지원 2017.08.31 2017고단820
교통사고처리특례법위반(치상)등
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 K5-car.

On March 21, 2017, the Defendant driven the above vehicle with alcohol content of 0.140% while under the influence of alcohol at 0.14% in blood without obtaining a driver's license on March 14:0, 2017, and changed the two-lane roads in front of the Gyeonggi Provincial Library, which is located in the northwest-ro 131 in Pyeongtaek-si, Seo-si, into the one-lane in order to drive the U.S. apartment at an irregular speed along the two-lanes.

Since there are many places, there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle with a view to the right and the right of the motor vehicle and driving safely.

Nevertheless, the Defendant neglected the course while changing the course and was negligent in driving the victim C(33 Do) driving in the same direction on the same road as the other side of the Defendant’s passenger vehicle.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report, a report on the occurrence of a traffic accident, and an on-site photograph of the accident;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger and the driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), Article 3 (2) (proviso) 7 and 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, Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning criminal facts;

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

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. Selection of imprisonment without prison labor or imprisonment without prison labor;

1. Suspension of execution;

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