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(영문) 수원지방법원 2017.06.13 2016고단1993

교통사고처리특례법위반등

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Violation of Road Traffic Act (drinking driving) Defendant is a person who is a B, engaged in driving of a passenger car.

On February 9, 2016, the Defendant driven a fluent car with alcohol content of 0.129% while under the influence of alcohol at around 10:35, the Defendant driven a fluent car, and driven the road front of the D convenience store in Suwon-gu, Suwon-si, Suwon-si, with the distance of the former terminal at the glus of Ireland or the glus.

A person engaged in driving motor vehicles has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle and to prevent accidents by safely driving the motor vehicle.

Nevertheless, the Defendant’s negligence, while under the influence of alcohol, led to the Defendant’s failure to proceed as above, and the Defendant’s failure to stop on the right side of the Defendant’s car driving direction in the front of the D convenience store located in the direction of the Defendant’s car driving prior to the Defendant’s vehicle. The Defendant’s left side side of the Defendant’s car was shocked toward the right side of the Defendant’s car.

As a result, the Defendant suffered injury to the victim, such as finites, requiring approximately two weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (after-accidents), at the time and place specified in paragraph 1, and at the same time and place, caused a traffic accident by the foregoing occupational negligence, and escaped without taking necessary measures, even though the Defendant destroyed and damaged the MF5 car owned by the Victim G to cover approximately KRW 4,462,967 of the repair cost.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A traffic accident-related statement prepared by E;

1. A report on the detection of a primary driver;

1. A report on traffic accidents and a survey report on actual condition;

1. An investigation report (a written estimate attached to a damaged vehicle);

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Article 3(1) and the proviso to Article 3(2)8 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 (the occupational and dental occupation), Article 148-2(2)2 of the Road Traffic Act.