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(영문) 춘천지방법원 2015.12.17 2015고단1023
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B Posp car.

On August 23, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.117% 0.5% around August 23, 2015, and led the Defendant to drive the said car with a view to 56 points 100 meters away from the inner entrance of the Yocheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and the Yan-gun, the upper bank, at the inner entrance of the Yocheon-gu, the

Since it is at night, there was a duty of care to thoroughly keep drivers from the front-time.

Nevertheless, under the influence of alcohol, the Defendant got the victim C (the age of 49) who crosses the road at the front direction of the course while driving the road as it is while neglecting it.

Ultimately, the Defendant suffered injury, such as a closed duplicating dys, including four or more lupages that require approximately six weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident;

1. The actual condition survey report;

1. On-site map;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. A written statement on the occurrence of a traffic accident;

1. Each written diagnosis for C;

1. Application of the Act and subordinate statutes on Investigation Report (Attachment of Babbbbling Ballot CDs);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, 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 sound driving, the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommendations] of the Criminal Act for the occurrence of traffic accidents in the area where mitigation of traffic accidents (one to six months) is mitigated (special mitigation).

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