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(영문) 광주지방법원 순천지원 2013.04.18 2013고단130
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 driver of a passenger car car in the world B.

On December 16, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 02:50% of alcohol concentration of 0.128% in the blood alcohol concentration, and led the Defendant to drive the said vehicle at an insular speed, along the two-lanes of the two-lane road, to the railroad playground located in the valley at the direction of the Cina Hospital located in the Cinasi-dong in the Yacheon City.

In this case, a person engaged in driving service has a duty of care to prevent traffic accidents by driving safely by checking well the front left left.

Nevertheless, the Defendant neglected this and caused the victims to go beyond the road by shocking the victim C (the 38 years old) and the victim D (the 38 years old, south, and 38 years old) who cross the road to the right side from the running direction of the motor vehicle by the defendant's negligence.

The Defendant caused the victim C by such occupational negligence to suffer approximately 14 weeks of injury such as cage cages at the left-hand cages, etc., and the victim D suffered injury such as d's d's d's d's d's d's d's d's d's

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A traffic accident report;

1. A report on detection of a host driver;

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 by Relevant Acts concerning criminal facts, 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 (the point of a sound driving);

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

1. The fact of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment (Appointment of imprisonment without prison labor) and the point of drinking;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. There is no other criminal records other than those sentenced to a fine due to drunk driving under Article 62 (1) of the Criminal Act; and

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