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(영문) 광주지방법원 순천지원 2015.01.13 2014고단1548
교통사고처리특례법위반등
Text

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

The defendant is a person who is engaged in driving a BM3 car.

On September 6, 2014, the Defendant driven the said car at a speed of 0.141% alcohol level around 06:45, while under the influence of alcohol, and proceeded at a speed of about 50 km per hour from the 1stm-ri to the eth-ri-ri speed of lightyang-si in light of two lanes.

At the time, it is difficult to secure a knife at the time, and the surface was milched. In such a case, the driver had a duty of care to safely drive the knife while accurately operating the knife and the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the steering gear accurately, and the front section of the said car, which was installed on the right side of the Defendant’s running direction, received a luminous terminal entrance beyond the delivery.

As a result, the Defendant suffered injury, such as flaver pululization of 10 weeks on the right side in need of medical treatment, to the victim C, who was accompanied by the auxiliary seat of the said car due to the above occupational negligence.

Summary of Evidence

Application of the Acts and subordinate statutes to the Defendant’s legal statement, C’s police statement, actual survey report, accident photograph, diagnosis report, and jun driver report

1. Relevant statutory driving of a motor vehicle for committing a crime: Article 148-2 (2) 2 or 44 (1) of the Road Traffic Act (Optional to Imprisonment): Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

2. The aggravated punishment of concurrent crimes under the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (the subordinate punishment shall be based on the punishment prescribed for the violation of the Road Traffic Act, and the aggravated punishment within the scope of the sum of the long-term amounts of two crimes);

3. The victim under Article 62(1) of the Criminal Act is also the subject of suspended execution.

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