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(영문) 수원지방법원 평택지원 2015.10.01 2015고단1176
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

Around 08:00 on July 17, 2015, the Defendant driven B car-type truck with a blood alcohol concentration of 0.065% and continued two-lanes in front of Pyeongtaek-si C from the right on the right side to an Asan Mando, as about 60 kilometers in speed, depending on two-lanes. In such cases, the Defendant neglected his/her duty of care to prevent accidents from spreading, such as taking a front line while under the influence of alcohol, and checking the flow of vehicles, but he/she was under the duty of care to prevent accidents from spreading, such as taking care of the victim’s 2-day health care (such as taking care of the victim’s 2-day health care, taking care of the victim’s 32 years old driving, leaving the victim’s 5-day troke to the front part of the Defendant’s vehicle, leaving the victim’s 2-day troke, requiring treatment of the victim’s tension, 2-day troke and 5-day troke, etc.).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G and H;

1. Investigation report (with respect to the receipt of the victim's D, E phone investigation, driver's DNA diagnosis report, and with respect to the receipt of the damaged vehicle E, F, G, and H, respectively);

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to notification of the circumstances of a drinking driver and the control of drinking driving;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. The Criminal Act among concurrent crimes.

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