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(영문) 수원지방법원 안산지원 2017.11.22 2017고단2715
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. The defendant is a person who is engaged in driving service of the BPoter-II cargo.

On June 9, 2017, the Defendant was under the influence of alcohol content 0.186% during blood transfusion around 09:45, and the Defendant was under the influence of alcohol content 0.186%, using the two-lanes of the two-lanes, straighted from the hives of behavior to the hives of hives.

In such cases, the driver has a duty of care to accurately operate the steering and brakes for those engaged in driving service, and to properly keep the traffic situation in front and drive.

Nevertheless, the Defendant neglected to drive the vehicle while under the influence of alcohol and shocked with the front part of the vehicle driven by the Defendant in front of the direction of the Defendant’s running by the victim E (W, 43 years old) waiting for a signal in front of the direction of the Defendant’s driving.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the above occupational negligence, a conical and fluoral fluoral fluoral fluor, requiring approximately two weeks of treatment

2. On the same date as Paragraph 1, the Defendant driven the above B Poter II cargo vehicle from the section of about 1 km from the public zone near the mountain to the D Ski in Sin City, Sinsik-si, with alcohol content of 0.186% under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Statement made under the circumstances of drinking drivers;

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

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, Articles 38(1)2 and 38(2), and 50 of the Criminal Act (the lowest sentence shall be applied to the crimes of violating the Road Traffic Act) of the aggravated concurrent crimes;

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