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(영문) 수원지방법원 여주지원 2013.06.24 2013고단337
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 2, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, who is engaged in driving of a C-wing truck and freight, driving the said vehicle under the influence of 0.101% of blood alcohol level around 10:10 on March 2, 2013 and driving the said vehicle at a level of at least 0.10%, and driving the said vehicle at a level of Gyeonggi-gu Yang-gun, both sides of the first line, and driving the said vehicle at the top of the said line, while driving the said vehicle at a level of the first line, plicking the hand on the left-hand side of the Defendant’s vehicle, thereby excessively breaking the hand on the part of the victim D (53 years old) with the occupational negligence of breaking the central line, thereby causing the victim D (53 years old) who was running the vehicle at the center of the Defendant’s driver’s vehicle for treatment for about four weeks.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol concentration of about 10 km from the Defendant’s residence of the G of Gyeonggi-gu Gyeonggi-gun to the front of the Gyeonggi Pyeong-gun, both sides of the Gyeonggi Pyeong-gun, both sides of which are about 0.101%, under the influence of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and D;

1. A traffic accident report (1), (2);

1. A report on detection of a host driver, and the application of each medical certificate to statutes;

1. Article 3 (1), the proviso to Article 3 (2) 2 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 concerning the facts constituting an offense (the point of driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavy circumstances);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2 and (2) and Article 50 of the Criminal Act shall be double concurrent crimes within the scope of the sum of the long-term punishment for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy penalty;

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