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(영문) 수원지방법원 성남지원 2014.08.21 2014고단1521
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On March 16, 2014, the Defendant, while under the influence of alcohol on March 19:50 and blood alcohol concentration of 0.163%, was driving a B B B B B B-L car, and led to the flow of a three-distance road in front of 97 B-L of the Seocho-gu Seoul Special Metropolitan City from the Do-ri-ri-ri level to the Do-ri-ri-ri-do fire station.

Since there is a center line of yellow-ray, in such a case, the Defendant, who is engaged in driving of the motor vehicle, has a duty of care to safely drive the motor vehicle by putting the front door and maintaining the tea.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and caused the Defendant to shock the left side of the victim C(the age of 45) driving on the left side of the vehicle of the Defendant.

As a result, the Defendant caused the victim C by negligence in the course of the above business so that the victim E (the 41-year old-age-old person) suffered from the injury of the dynasium in need of treatment for about a week, the victim E (the 41-year-old person) suffered from the injury of the dynasium in need of treatment for about a week, the victim F (the 10-year-old person), and the victim G (the 12-year-old person) suffered from the injury of the dynasium in need of treatment for about a week.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. The circumstantial report, expert report, and report on detection of a host driver (in the face of 23 pages of investigation records);

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3 (1), the proviso to 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) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be selected;

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