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(영문) 수원지방법원 평택지원 2013.07.05 2013고단546
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

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On December 2, 2013, the Defendant, while under the influence of alcohol at 0.073% from blood alcohol level around 20:30 on March 22, 2013, used the above vehicle to proceed at a speed of 50km per hour from the south Agricultural Cooperative, with a one-lane distance towards the solar string distance from the south Agricultural Cooperative.

In such cases, despite the duty of care to safely proceed along the lane, a person engaged in driving a motor vehicle, who has been under the influence of alcohol and has been negligent in neglecting such duty and led to the injury of the victim of the pedestrian C (V, 17 years old) who is the victim crossing the road to the left-hand side from the right-hand side of the direction of the course, such as mination and cutting down on the left-hand side in need of approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

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

1. Article 3 (1) and 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) 3 and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the punishment for concurrent crimes shall be aggravated within the scope of the sum total of the long-term punishments of the crimes stipulated in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act among concurrent crimes;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is the case where the defendant caused a traffic accident while driving under influence of alcohol and thus the victim was injured. In light of the circumstances of the accident and the degree of injury of the victim.

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