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(영문) 수원지방법원 2017.08.08 2017고단3258
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for not more than ten 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 engaging in driving a motor vehicle B.

On April 12, 2017, at around 20:30, the Defendant driven a motor vehicle under the influence of alcohol content of 0.078% in blood without a driver's license, and led to the driving of the motor vehicle in front of the D gas station located in Pyeongtaek-si C, into the offside of the front of the water station in Pyeongtaek-si.

At this point, there was an intersection where signal lights are installed, so the driver of the vehicle had a duty of care to safely operate the steering system by accurately manipulating the steering side and the steering system of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while neglecting this, and caused the back part of the victim E(the age of 26) driving to the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the injury of the victim E and L-T-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A survey report on actual condition and an accident scene photograph;

1. A report on investigation (verification of the details of medical treatment of victims);

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

1. Article 3 (1), the proviso to Article 3 (2) 7 and 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, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Between the crimes provided for in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents) shall be sentenced to the punishment provided for in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavy criminal circumstances, and the crime of violating the Road Traffic Act shall be sentenced to the punishment.

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