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(영문) 수원지방법원 2018.10.04 2018고단4449
교통사고처리특례법위반(치상)등
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 a period of 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 car at a horse in B.

On June 10, 2018, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.118% in blood, and driven the two-lane from the Cheongdo-dong Cheongdo-dong Busan Highway at the point of 386.5km in Busan at the direction of Busan, the Defendant driven the said vehicle at the 0.118% under the influence of alcohol concentration in blood, and led the Defendant to drive the said vehicle at the lusium and lusium from the lusium in the lusium of the lusium.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes while driving the motor vehicle properly.

Nevertheless, the Defendant was negligent in the course of performing duties, which did not accurately operate the steering and steering system under the influence of alcohol as above, and was set up in front of the said vehicle.

Ultimately, the Defendant suffered from the injury of the victim C (V, 24 years old) who was on board the said car due to the above occupational negligence, such as a fladation of the alley in need of approximately four weeks of treatment, and the injury of the victim D (V, 26 years old) in light of the radical tensions, tensions, etc. requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. On-site reports, cards, and alcohol gathering video CDs;

1. Notification of the results of the crackdown on driving alcohol and the above dmark formula;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1) and 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 concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a sentence of imprisonment without prison labor for a crime violating the Traffic Act at the option of a sentence, against an injury resulting from the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Suspension of execution;

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