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(영문) 수원지방법원 2018.05.30 2018고단1007

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is engaged in driving a vehicle B in a third party car.

On December 17, 2017, the Defendant driven the above car at around 02:10 on December 17, 2017, and led the two-lane road in the front of the D-do located in the wife population C to drive at an insular speed from the right angle to the two-lanes. As such, a person engaging in driving service has a duty of care to take care of his/her duty of care to prevent accidents by accurately operating the steering gear and brake system.

Nevertheless, the Defendant, with alcohol concentration of 0.109% in blood, was negligent in the course of duty in driving while neglecting the above attention, and caused the back part of the FCA110 Obaon driving in front of the same lane by negligence in the course of duty, which was driven before the same lane.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment from the above victim due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle over about 2 km from the date and time set forth in paragraph 1 at the place, and from the place of alcohol 0.109% under the influence of alcohol during blood to the front road located in the same Gu C, using 11-13 letters, a day from 1424, a day from 1424 to the front road located in the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual survey report, etc.;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning drinking documents, such as reporting on the circumstances of drivers;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 38 (2), and Article 50 (Concurrent Punishment) of the Criminal Act.