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(영문) 수원지방법원 2016.01.28 2015고단4912
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 a period of one year 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 DNA car.

On September 16, 2015, the Defendant driven the above passenger vehicle with alcohol content of 0.093% while under the influence of alcohol during blood at around 00:45 on September 16, 2015, and led to the direction of notifying the bus of the same coal to the same unit, depending on the road front of the Korean power located in the Geum-gu, Geum-gu, Geum-gu, Geumsung-dong, Geumsung-dong.

In such cases, the driver of the vehicle has a duty of care to thoroughly drive the vehicle on the front side and to safely drive the vehicle in accordance with the direction of progress.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and went normally on the opposite lane due to negligence in which the center line was invaded and proceeded.

CM7 Motor Vehicles received the front set of the CM7 Motor Vehicles as the front set of the Drick Motor Vehicles.

Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim D (64) (the driver of SM7 car), including approximately 6 weeks of treatment at approximately 6 weeks of the right w w ch f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement of witness of the F;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Determination of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents shall be made;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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