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(영문) 수원지방법원 성남지원 2018.06.14 2018고단648

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a BFD car.

On January 9, 2017, the Defendant driven the above car at around 01:40, and without obtaining the driver’s license. The Defendant, while under the influence of alcohol 0.065% during blood, driven the two-lane road from the right edge of the grept, at the right edge of the grept at the right edge of the grept in Gwangju City, with the 0.065% alcohol level.

At the time, there was a night and snow, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to see the right and the right of the front and the right of the front and to accurately operate the brake and the steering gear, and to prevent the accident by driving the motor vehicle.

Nevertheless, the Defendant neglected this and went through the snowway due to the negligence while under the influence of alcohol, and received the street trees from the center of the left side of the Defendant as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim C (21) who was accompanied by the Defendant’s vehicle in the same manner as above, approximately 8 weeks of the injury, such as the body feld body feld in the left-hand body in need of treatment, and injury to the victim D (20 years of age) in need of approximately 3 weeks of treatment.

2. The Defendant driven the said car under the influence of alcohol concentration of approximately 0.065% from the 2km section from the blood alcohol level to the entrance of the 302 Do-Jak-ro Do-si, Gwangju Metropolitan City, without obtaining a driver’s license at the time of the day indicated in paragraph 1, and the Defendant driven the said car under the influence of alcohol level of about 0.065% from the 302km-ro, Do-si, Gwangju Metropolitan City to the entrance of the Do-do-si, Gwangju Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of traffic accidents, investigation report (report on the circumstances of the driver with the main driver), and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the scene of an accident.