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(영문) 수원지방법원 안산지원 2014.10.28 2014고단2091
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

1. Around 01:50 minutes of Aug. 3, 2014, the Defendant driven a BM3 vehicle under the influence of alcohol content of about 2km from a 2km section to a 0.096% alcohol level from the Do in front of the mountain basin located in the Wondong-gu, Ansan-si, Ansan-si to the 1st century road in the same Gu.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving BM3 vehicles.

On August 3, 2014, at around 01:50 on August 3, 2014, the Defendant driven the above vehicle, and straightened the 1st class road front of the Hasan-dong of the members of the Ansan-gu, Ansan-gu as the safe view view from the grassland, playground, distance.

Since the location is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing speed and by examining the right and the right of the road.

Nevertheless, the Defendant, while under the influence of alcohol as stated in paragraph (1), proceeds in violation of the stop signal while neglecting it, brought the victim C(57 years old) driving on the right side from the left side of the direction of the Defendant’s proceeding to the right side of the victim C(57 years old) driving with the front side of the above SM3 vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a fluoral aggregate that requires approximately eight weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a traffic accident report (1) (2), traffic accident-related photographs, notification of the results of drinking control, medical certificate, and written estimate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act concerning criminal facts;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing) is as follows.

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