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(영문) 춘천지방법원 속초지원 2013.10.30 2013고단301
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 became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of Brocketing cars.

On May 29, 2013, the Defendant driven the said car on the 21:46th day of May, 2013, and led to the driving of the said car in front of the large city bus terminal located in the iron-line, which is located in the iron-line, along the direction from the beginning side of the Seocho-ri to the last one-lane.

At the time, since the time was at night, there was a duty of care to prevent accidents by driving safely, such as seeing the front door and properly operating the steering gear, etc. as the defendant engaged in driving service.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear while under the influence of alcohol, and received the roadside trees on the road along the front gate of the said car driving by the Defendant.

As a result, the Defendant suffered a scarcity of a scarcity that requires approximately two weeks of treatment to the victim C by negligence in the above occupational negligence.

2. Around 21:40 on May 29, 2013, the Defendant was driving B rocketing cars under the influence of alcohol with a blood alcohol content of about 0.357% from the 4km section from the front of the bathing beach in the Jinjin-gun of Gangwon-gun to the front road of the above Jinjin bus bus terminal.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, a traffic accident report, the site and vehicle photographs;

1. Notification of the control of drinking driving;

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

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 concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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