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(영문) 수원지방법원 성남지원 2016.01.07 2015고단2635
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 26, 2008, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act in the Seoul Eastern District Court on September 26, 2008. On September 13, 2012, the Defendant was sentenced to a fine of six million won for a crime of violating the Road Traffic Act (driving) in the support of the Suwon Friwon Friwon Friwon Triwon on September 13, 201.

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

On September 26, 2015, the Defendant driven the said car under the influence of alcohol level of 0.178% during blood alcohol level from around 01:56, while driving the said car, and proceeded in the direction of the opening of the upper members in the direction of the market of the upper members of the police box, which is located in 2996-36, Sungnam-gu, the other party of the Sungnam-gu, Seoul Special Metropolitan City.

In such cases, a person engaged in driving service has a duty of care to accurately operate the steering direction and operation system, regulate speed in advance, and safely proceed with the duty of care, but the defendant neglected to do so, and received a part behind the victim C(46 years old) who was waiting to turn to the left before the direction of the defendant's proceeding.

Defendant 2 suffered injury to the victim, such as satise satitis, which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

2. C’s statement;

3. A traffic accident report and a report on the detection of a primary driver;

4. A medical certificate;

5. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment).

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and Article 148-2 (1) 1 and Article 44 (1) (Selection of Imprisonment without prison labor and imprisonment) of the Road Traffic Act;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. The community service order under Article 62-2 of the Criminal Act;

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