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(영문) 수원지방법원 평택지원 2015.09.09 2015고단1079
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B or B in Ireland.

On June 21, 2015, the Defendant, while under the influence of alcohol level 0.136%, was driving the said fluorous vehicle in Pyeongtaek-si, Pyeongtaek-si, and was in the direct control of the non-exclusive middle school room from the fluorian department room to the non-exclusive middle school room.

In this case, the person engaged in the driving of motor vehicles had a duty of care to live well with the front left and safely drive the motor vehicle in accordance with the signals and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to make a left-hand turn while entering the intersection, and entered the intersection along the normal signal from the opposite side by the negligence of entering the intersection as is, and thereby making a left-hand turn at the left-hand turn, received the part of the front-hand part of the driving press of the victim C(Y, 48 years old) who was on the left-hand turn.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. A report on detection of a drinking driver and a written appraisal of blood alcohol;

1. Investigation record of seizure by the police;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 2 (1) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. As to the crime of violation of the Road Traffic Act, imprisonment shall be imposed, and as to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a sentence of imprisonment without prison labor shall be

1. Article 62 (1) of the Criminal Act;

1. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act, such as an order to provide community service and attend lectures.

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