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(영문) 수원지방법원 2015.04.30 2015고단844
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Party B’s car.

On February 7, 2015, the Defendant, while under the influence of alcohol of 0.164% of blood alcohol concentration at a 0.164%, was negligent in driving the said earth and car at the 515-day Intersection in front of the Jeju 515-dong administrative Ri in the fri-eng-eng-eng-Eup, the Defendant, who turn to the left from a new apartment, in violation of the signal to both string from a new apartment, and received the front part of the C-si’s cab, running toward the c-si distance from the two strings according to the math of the ma course.

As a result, the defendant suffered an injury to the victim D (the 58-year-old) who is a taxi driver, such as spawn and spawn care for about five weeks, and suffered an injury to the victim E (the 41-year-old) who is a taxi passenger for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs, photographs of damaged vehicles, photographs of damaged vehicles, photographs of damaged vehicles, and caps of video records of damaged vehicles;

1. A report on detection of a host driver;

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

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, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents concerning D with heavy criminal situation)

1. With respect to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with the punishment determined by the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents which has heavier penalty, and punishment shall be imposed as imprisonment with prison labor: Provided, That the lowest sentence of the punishment shall be the crime of violation of the Road Traffic Act];

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