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(영문) 수원지방법원 안산지원 2019.03.27 2019고단71
교통사고처리특례법위반(치상)등
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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

On November 29, 2018, while under the influence of alcohol by 06:18:06%, the Defendant driven a 300-meter Cren vehicle from the Crench crench crench (hereinafter “D apartment”) to proceed to the intersection of the front of the D apartment at E secondary school at E secondary school at E secondary school at E secondary school at E secondary school at night. While the Defendant neglected his/her duty of care to safely drive, such as complying with the signal, due to the negligence of entering the intersection by violating the signal, and due to the Defendant’s failure to perform the duty of care to safely drive the vehicle, and due to the failure of the victim G (51,00)’s crench crench crench crench crench cren cren cren cren cren cher, the Defendant suffered from the victim’s injury to the front part of the said Crench car at hand, and then, the victim’s injury to the victim’s 2-day and the two-day-day passenger’s injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. G statements;

1. On-site and vehicle photographs;

1. The circumstantial statement of the employee;

1. A copy of each written diagnosis;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the crime, 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 concerning the crime;

1. The provisions of Articles 40 and 50 of the Criminal Act (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents).

1. Selection of imprisonment with prison labor and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the crime of violation of the Road Traffic Act in the choice of punishment;

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

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