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(영문) 수원지방법원 안산지원 2013.05.10 2013고단516
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 engaging in driving a car B.

1. On January 23, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven the said vehicle under the influence of alcohol content of 0.091%; (b) led the Defendant to drive the said vehicle at a speed of five kilometers per hour from the direction of the wood audit distance on the side of the water sangnife in front of the 169 Enife-dong 169 Enife-dong, Sinung-nam, Singu, Sinung-do

Notwithstanding the fact that the Defendant neglected the duty of front-time watch while under the influence of alcohol and neglected the vehicle signal to stop in contravention of the signal, the Defendant got off the part of the victim C (the 62 years old and female)’s left-hand side crossinging the crosswalk in accordance with the crosswalk green signals from the right-hand side of the proceeding direction to the left-hand side of the said vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as spine, which requires approximately eight weeks of medical treatment due to occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the top of a restaurant located in the water king-dong at the time and around the time and around 3 km section of approximately 169 Hannam-dong from the 169 Hannam-dong to the 169 Hannam-dong, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol content of 0.091%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on traffic accidents and a report on actual condition;

1. A report on detection of a host driver;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (1), Article 3 (2) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the occupation of drinking and 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 (hereinafter the following sentencing grounds), the defendant is driving under influence of alcohol.

In spite of the victim's serious injury, the victim suffered.

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