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(영문) 광주지방법원 2013.05.30 2013고단834
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 B-learning car.

On December 13, 2012, at around 22:15, the Defendant driven the above vehicle while under the influence of alcohol of 0.065% of alcohol concentration, and proceeded at a speed of about 80 km from the rPC in front of the rPC heading 60 in the Western of the Gegsung-si, Gisung-gun, Gisung-gun, the Defendant used the local highway heading 60 in front of the GPC at a speed of about 80 km in speed from the 2-lane between two laness.

At the time, the C driver was at night and at the front of that place, and the C driver was in progress, so there was a duty of care to safely operate the C driver by accurately manipulating the steering and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and neglected to do so, thereby harming the front part of the driver's vehicle in front of the Defendant's driving vehicle in the same direction.

Ultimately, the Defendant suffered injury to the victim E (the age of 31) who was accompanied by the Defendant’s occupational negligence, such as the left-hand alley and the escape from the center, which requires approximately 16 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A report on detection of a host driver;

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

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, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the occupation of driving through sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (within the scope of combined long-term punishments);

1. Article 62 (1) of the Criminal Act (Consideration of the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's order to attend school is unlawful by causing a traffic accident while driving under influence of alcohol.

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