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(영문) 광주지방법원 순천지원 2012.08.30 2012고단1871
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 May 23, 2012, the Defendant driven a B rocketing motor vehicle with a blood alcohol content of 0.126%, which was under the influence of alcohol on May 12:3, 2012, but did not mandatory insurance, and transferred the four-lane road in front of the Honam pharmacy in the Western-dong at the time of leisure to a speed of about 20 km at a speed of 4 lanes from the west elementary school.

At the same time, the signal has been installed on the front door, and there has been a parked vehicle according to the stop signal at the time, so there was a duty of care for the person engaged in driving service to see the front left well, and to operate the steering system accurately and safely.

The Defendant neglected to do so while under the influence of alcohol and neglected to perform his duty in front of the vehicle, and caused the negligence of operating the brake system late later, and received the part of the D urban bus rearer driven by the victim C, who was stopped at four-lanes in front of the vehicle in accordance with the stop signal.

The Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, due to negligence in the course of business as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Fact-finding survey report, report on detection of drivers, and mandatory insurance policies;

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

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that an agreement is reached with the victim without any injury);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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