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(영문) 수원지방법원 2014.05.22 2014고단753
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is the person who drives any B B B others.

On January 2, 2014, at around 22:30, the Defendant driven the above vehicle while under the influence of alcohol of 0.075% of blood alcohol concentration, and proceeded with one-lane in the direction of tolerance from the inside of the country of 45 in the face of the wife population moving.

In such cases, any person engaged in driving of a motor vehicle shall accurately operate the structure, steering gear, and other devices of the motor vehicle, shall not drive the motor vehicle at such a speed or in such a manner as to inflict any danger and injury on others according to the road conditions and the structure and performance of the motor vehicle, and shall be obliged to pay due care to prevent accidents in advance by driving the motor vehicle in a safe manner.

Nevertheless, the Defendant, under the influence of alcohol, neglected to perform the duty of ex officio care and neglected to do so, sustained two-lanes in the same direction as that of the victim C (In this case, 44 years old-old driving) driving, followed the left-hand part of the Defendant’s vehicle of the victim C (hereinafter referred to as the “Woo-Woo-Woo-Woo-Woo”), followed the victim by taking the driver into front of the right-hand part of the Defendant’s vehicle, and caused the victim to suffer injury

2. Around January 22, 2014, the Defendant driving a B B B spon vehicle from the 3km section to the 45-day mnife of the wife population moving at the time of the movement of the wife population in the state of alcohol with a blood alcohol concentration of 0.075% around 22:30 on January 2, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. A medical certificate;

1. Application of Acts and subordinate statutes to hear statements from victims;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act;

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

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