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(영문) 수원지방법원 2016.04.14 2016고단57
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

On December 15, 2015, the Defendant driven a B car with alcohol level of 0.094% from blood alcohol level around 00:10 on December 15, 2015, and proceeded at the speed of about 30 km in speed from the north Military Manpower Administration, which is located in the Dong of Suwon-si, Suwon-si, Suwon-si, to the intersection of the private distance of the Military Manpower Administration from the north Military Manpower Administration to the private distance of about 30 km in speed.

At the time, night and yellow signal was on-and-off, so in such a case, there was a duty of care to reduce speed before entering the intersection and prevent accidents in advance by properly examining the right and the right of the front.

Nevertheless, the Defendant was under the influence of alcohol and went to port from the right side of the running direction of the Defendant due to the negligence of the Defendant’s neglecting to drive, and the front part of the motor device bicycle driven by C(33 ) was taken to the front part of the motor vehicle driving ahead of the above car.

Ultimately, the Defendant suffered approximately six weeks of medical treatment due to the above occupational negligence from the victim’s abundance of the inside and outside copy.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

1. A report on the detection of a primary driver;

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

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 3 and 44-2 (1) of the same Act (the point of drinking, the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated) shall be aggravated for concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (Article 8-1-6) (Article 3(2) of the Act on Special Cases concerning the Education (Special Aggravation) where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Education is serious, the scope of final sentence due to the aggravated punishment for multiple crimes: 8 months to 6 months.

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