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(영문) 의정부지방법원 고양지원 2014.09.05 2014고단1197
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment with prison labor for up to 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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a rocketing car.

On May 25, 2014, the Defendant driven the said car under the influence of alcohol level of 0.235% on blood alcohol level at around 19:20 on May 25, 2014, and led the front of the shooting distance of the Ilsan-gu, Ulsan-gu to the right bypass from the front slope of the conversation.

Since there is a road where a central line is installed, a person engaged in driving duty has a duty of care to drive safely with his own lane.

Nevertheless, the Defendant, who was under the influence of alcohol due to occupational negligence and stopped at the opposite vehicle, was faced with the front part of the victim D (ma, 43 years old) driving E, the Egym for the passenger vehicle in Ireland, and suffered injury in the treatment days due to the shock of the Defendant’s front part of the passenger vehicle in front of the foregoing vehicle.

2. Around 19:20 on May 25, 2014, the Defendant, while under the influence of alcohol at a 0.235% of blood alcohol content, driven C rocketing car at a section of about 150 meters from the front of the opasta car at the port, Seoyang-gu, U.S., U.S., U.S., U.S. to the front of the P.M., U.S., U.S., U.S., U.S., U.S., U.S., U.S.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident actual condition survey report and a report on detection of a driver;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 12);

1. Article 3 (1) and Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act (However, the lowest sentence shall be determined by the crimes of violation of the Road Traffic Act);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act:

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