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(영문) 수원지방법원 성남지원 2016.11.10 2016고단2329

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a B rocketing or other car.

On July 9, 2016, the Defendant driven the above car at around 02:30, and driven the road in front of the Gwangju Metropolitan Office of Education in the Song-dong in the Gyeonggi-si, Gwangju Metropolitan City along the two-lanes of the two-lanes of the way between the right-side and the right-side side of the right-side.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering direction and brake system of the motor vehicle by accurately operating it and prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded as it is while under the influence of 0.102% of blood alcohol content, and was driven by the victim C(60 years of age) who was in the atmosphere of signal at the bee bee bee bee bee bee bee bee bee bee bee bee bee bee bee bee be bee bee bee be bee bee bee be bee be

As a result, the Defendant suffered injury, such as fluoral salt, etc., to the victim, for about two weeks of medical treatment due to such occupational negligence.

2. On July 9, 2016, the Defendant driven the said rocketing car under the influence of alcohol by 0.102% of alcohol concentration from the 10km section to the roads near the Jindo-Eup, Do-dong, Gwangju, through the place described in paragraph (1), around 02:45, the Defendant driven the said rocketing car in the state of under the influence of alcohol by 0.102% from the 10km section to the roads near the same city.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1);

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Article 3 (1) and 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) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;