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(영문) 수원지방법원 성남지원 2016.07.18 2016고단1275
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 who is engaged in driving a B car rental car.

On April 27, 2016, the Defendant driven the said car under the influence of alcohol content of 0.056% in blood around 03:45 on April 27, 2016, and led to the driving of the said car at a 0.056% in front of the D Hospital located in Sungnam-gu, Sungnam-si, to a gold erogate from the gradebb.

At this time, there is an intersection with signal lights, and in such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front left left and the right of the motor vehicle and the steering gear.

Nevertheless, the Defendant neglected this and stopped the F Kaol car driven by the victim E (58) who is driving at the front of the Defendant’s front, but was negligent in driving the F Karen car in the front of the Karen car driven by the Defendant, which was driven by the Defendant, and the part behind the Kaol car driven by the victim E was shocked.

The Defendant, by negligence in the above occupational negligence, suffered injury to the victim E and the victim G (53) who is the passenger of the victimized vehicle, by each of the following injury, such as catum salt in each of about two weeks in need of medical treatment, and the victim H (V, 39 years in age) who was accompanied by the Defendant’s vehicle with approximately 4 weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of driving at drinking and inquiry into the results of crackdown on drinking driving;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

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

1. Selection of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a crime of violating Road Traffic Act;

1. The aggravated Criminal Act for concurrent crimes.

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