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(영문) 수원지방법원 성남지원 2017.04.27 2016고단4098
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of B Poter cargo vehicles.

On October 12, 2016, the Defendant driven the 00:20% alcohol concentration in the blood, while driving the said cargo under the influence of alcohol content of 0.109%, and tried to drive two lanes above the 57-lanes in the amendment of the Sungnam-si, the amendment of the Sinnam-si, at a speed of about 30km in speed from the shot to the west parallel.

At the time, at night, and at that time, the driver of a motor vehicle had a duty of care to prevent accidents by accurately manipulating the front side and the right and the right and the right and the right of the motor vehicle and by accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the two lanes from the two lanes to the one lane, and was negligent in changing the two lanes, and the part on the right side of the victim C(30 cc) driving on the left side of the two lanes.

Ultimately, the Defendant suffered injury, such as a cage cage cage cage cage cages, etc., which requires approximately four weeks of medical treatment due to such occupational negligence.

2. On October 12, 2016, the Defendant: (a) driven the cargo vehicles listed in paragraph (1) at the section of approximately 3.5 km from the front side of his house located in Sungnam-si E in the Sungnam-si correction area to the place described in paragraph (1) while under the influence of alcohol content of 0.109% during blood transfusion around 00:20 on October 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting of a traffic accident (1), (2), reporting of the circumstances of driving at home, and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Article 148-2 Subparag. 2 and Article 44(1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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