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(영문) 수원지방법원 성남지원 2016.05.12 2016고단134
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around December 27, 2015, the Defendant driving a hived car, the Defendant’s wife, while under the influence of alcohol at approximately 0.071% of alcohol content in the 3km section from the 19:25-round 19:25 to the roads adjacent to the Yanpo-si Eup in Gwangju-si, the Yan-si.

2. On December 27, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven the said vehicle while under the influence of alcohol content of 0.071% in blood transfusion on December 19:25, 2015; (b) led the Defendant to turn to the left the left at the parking lot of each two points in the two villages, the two sides of the Yanpo-si Eup in Gwangju-si, Gwangju-si, to turn to the left.

At night and where people walk at the entrance of the parking lot are frequent, the driver of the motor vehicle is engaged in driving the motor vehicle, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle after checking whether there is a pedestrian by reducing the speed of the motor vehicle and checking the front side of the road, despite the fact that there is a duty of care to safely drive the motor vehicle, the victim C (W, 56 years old) who was under the influence of alcohol was not found, and the victim C (W, 56 years old) was not found, and the part of the motor vehicle of the defendant,

Ultimately, the Defendant suffered injury to the victim, such as cutting the body of the felball that requires approximately 10 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

1. 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;

1. Article 62 of the Criminal Act:

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