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(영문) 수원지방법원 안산지원 2019.07.17 2019고단1909
교통사고처리특례법위반(치상)등
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

1. On March 31, 2019, at around 19:20, the Defendant driven a 1km car from the member parking lot B of Ansan-si to the front road of Ansan-si located in the city of Ansan-si to 462, as the center of the members of Ansan-si, Ansan-si, under the influence of alcohol by 0.12% of alcohol level.

2. The Defendant injured by occupational negligence was driving the said car at the above temporary border, driving the said car, driving it toward the mountain direction on the narrow sloping three-lanes in front of the said mountain zone. The Defendant neglected his duty of care to safely drive the steering gear and brakes in spite of his negligence while neglecting the duty of care to safely drive the steering gear and operating the steering system, thereby causing the injury of the victim E, who was on the top of the operation of the said car, for about two weeks, by taking the front part of the said car driving vehicle and causing the injury to the victim E, who was on the top of the car.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. Each photograph (the No. 3,8 of the evidence list);

1. The circumstantial statement of the employee;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to a copy of a medical certificate (Evidence No. 17);

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act (the occupation of occupational injury, the occupation of imprisonment without prison labor, the selection of imprisonment without prison labor)

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the punishment shall be imposed by imprisonment within the scope of the sum of the long-term punishments as provided for in each of the above crimes: Provided, That the short-term punishment as provided for in the Road Traffic Act shall be the lowest limit

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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