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(영문) 수원지방법원 2014.05.22 2014고단894
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

On January 10, 2014, at around 18:25, the Defendant driven the said vehicle under the influence of alcohol by 0.123%, and transferred the three-lane letter of e-mail of the e-mail, which is located in the Heung-gu, Gung-si, Gung-si, Gung-si, to the police box from the direction of the fish station.

Since there is a crosswalk, in such a case, there was a duty of care to confirm whether a person engaged in driving service has a road to reduce speed and to see well the front left, and to drive safely.

Nevertheless, the Defendant neglected this and was negligent in driving the crosswalk on pedestrian signal (green) due to the negligence of being drunkly driven by the Defendant, and received the victim C (the age of 47) as the front part of the above vehicle.

As a result, the Defendant suffered injury to an open framework of the body body of light-frames accompanied by a aggregate felbing on the left-hand side in need of approximately 12 weeks of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on the state of the operation of a motor vehicle;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (1) 1, 6, and 8 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act;

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;

1. Reasons for the sentencing of Article 62-2(1) of the Criminal Code of the Order to Attend Education [Scope of Recommendation] General Traffic Accident Type 1 (Bodily Injury by Traffic Accidents) (Special Mitigation) (Special Mitigation) (Special Mitigation) / Cases where illegality in the proviso of Article 3(2) of the School Specialization Act is serious (the decision of sentence of sentence of sentence of sentence of sentence of sentence of sentence of the above person subject to the above sentencing and the defendant are the first offender.

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