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(영문) 수원지방법원 안산지원 2018.09.12 2018고단2254

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 1, 2008, the Defendant was issued a summary order of KRW 2,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,00,00

[Criminal facts]

1. On May 23, 2018, the Defendant: (a) driven a motor vehicle in the influence of alcohol 0.153% of alcohol while under the influence of alcohol at the section of approximately 1.5km from the 1.5km to the C factory located in Chungcheong-gun, Chungcheongnam-gun; (b) around 20:20, the southwest-do, Chungcheongnam-gun, Chungcheongnam-do; and (c) around 1338, the Defendant driven a motor vehicle in the influence of alcohol 0.153% of alcohol in blood.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service of a motor vehicle with Dials.

The respondent, like paragraph 1, was in progress in the direction of liquidation of the national highways No. 19 in front of the C factories located in Chungcheongnam-dong B, Chungcheongnam-do, Chungcheongnam-do.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and the steering gear of the motor vehicle and by changing the steering gear.

Nevertheless, due to negligence, while under the influence of alcohol, the back part of the Tracker E(61) driving, which was proceeding in the front bank, was taken as part of the driver's vehicle in front of the driver's car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Inquiry of criminal history, inquiry of summary information of case, and application of each summary order statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act (the occupation of occupational and dental duties and the punishment of imprisonment without prison labor);