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(영문) 수원지방법원 2017.05.30 2017고단421
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

Criminal facts

The defendant is a person who is engaged in driving a Bchip car.

On December 22, 2016, the Defendant driven the said car with a alcohol level of 0.105% in the blood alcohol level without a driver's license on December 22, 2016, and continued to turn to the left at the seat of the agricultural parking lot of Mado 119 first-round, Mado 119 first-round, while driving the said car with a alcohol level of 0.10% in the blood level.

In such cases, the driver has a duty of care to thoroughly operate the front-time and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and received the back wheels part of the driver's seat of the car of the victim C(57 tax) Dobrid Dorid Dorid, which is driving by the victim C(57 tax).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of traffic accident C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a report on the detection of a primary driver;

1. On-site photographs;

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

1. Article 3(1), the proviso to Article 3(2)7, and Article 44(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act, concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the total of the long-term amounts of each crime, and the minimum sentence shall be determined by the crimes of violation of Road Traffic Act) of the aggravated Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to provide community service and attend lectures;

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