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(영문) 수원지방법원 2014.06.12 2014고단1176
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

The defendant is a person who is engaged in driving a BP car.

1. On March 6, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) driven the said vehicle under the influence of alcohol by driving the said vehicle at a level of 0.13% of alcohol content; (b) caused the damage to the victim C (the aged 41) who, under the influence of alcohol, was unable to well see the entire bank due to negligence while driving the said vehicle on the street in front of the designated Olympic Park as a viewing distance protection area from the viewing distance protection area; and (c) caused the damage of the victim C (the aged 41) who, under the influence of alcohol, flowed the front part of the said vehicle without permission from the Suwon Olympic Park, from the view view protection area to the view view view distance; and (d) caused the victim by the shock of the upper part of the said vehicle, such as the mouth of the right upper

2. The Defendant violated the Road Traffic Act (driving) driving a BF car from the date of the said temporary border alcohol concentration of 0.133% to the front of the Kuwon-gu Suwon-gu Suwon-gu Kuwon-gu Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, which was under the influence of alcohol concentration of 0.13%.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of a traffic accident-related person;

1. The actual condition survey report;

1. A report on the actual state of the driver;

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

1. Article 3 (1) and the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 3 (1) and Article 2 of the Act on Special Cases concerning the Selection of Punishment for Traffic Accidents, 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. The reason for the sentencing of Article 62-2(1) of the Criminal Act on community service and order to attend a lecture [the scope of recommendation] is the basic area (4 to 10 months) of the type 1 of general traffic accident (the victim with a special mitigation) (the victim with a special mitigation). In a case where there is considerable fault due to the occurrence of traffic accident or the expansion of damage, / In a case where illegality in the proviso of Article 3(2) of the Specialized School Education Act is serious [the decision of sentence], the above sentencing factors and the defendant are against the above sentencing factors and the first offender.

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