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(영문) 수원지방법원 성남지원 2018.11.22 2018고단1745
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B car car II.

On June 27, 2018, the Defendant was under the influence of alcohol content 0.106% among blood transfusion around 03:05, and the Defendant was under the influence of alcohol at the same 0.106%, and the Defendant was under the influence of the two-lane road in front of Gwangju City, the left-hand turn from the front edge of the Do 2-lane apartment road in front of Gwangju City, to the non-protection left-hand turn. In such a case, the Defendant was under the influence of the left-hand turn at the time when he was under the influence of the two-lane. In such a case, the Defendant was under the duty of care to make a left-hand turn after checking whether the driver was a vehicle going under the opposite direction while looking at the front side of the bicycle driving vehicle in front of the victim D (51 years old) who was under the influence of the left-hand turn pursuant to the direct left-hand signals from the opposite direction due to the negligence of failing to pay the left-hand turn-hand turn.

As a result, the Defendant caused the victim to suffer injury, such as the closure of the body in the left-hand body of the large 14 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the situation of a driver driving, and a report on the results of regulating drinking;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs and site photographs at the time of the accident;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the selection of imprisonment with prison labor);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of driving under the influence of alcohol is a crime which may infringe not only on drivers but also on the lives and bodies of citizens using roads.

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