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(영문) 수원지방법원 안양지원 2018.10.11 2018고단1021

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six 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. On June 10, 2018, the Defendant: (a) driven a Efline car under the influence of alcohol concentration of about 0.100% from the 2km section of blood alcohol level to the D, located in the front road located in Ansan-gu, Ansan-gu, the 1st day of the 1st day of the 1st day in Jun. 10, 2018 at Ansan-si.

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

On June 10, 2018, the Defendant driven the said car under the influence of alcohol level of 0.100% from blood alcohol level around 22:08, while driving it at the same time, and driven the front of the road located in Manan-gu C at Anyang-si at the same time on the inside of the inside of the inside of the inside of the inside of the road to drive at an insular speed.

At the time, motor vehicles are at night and at the same time stopped in the signal atmosphere, so there was a duty of care to see the front door well for those engaged in driving of the motor vehicles, and to accurately operate the steering and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to keep the front door, and was negligent in proceeding without examining the lower part of the G Kaman car, which was driven by the Defendant F.(43) of the Victim F (S) who stops in the front door of the signal in the signal atmosphere, and received the lower part of the G Kaman car.

Ultimately, the Defendant caused the Defendant’s injury to the Victim F by negligence in the course of performing the above duties, i.e., the victim H (V, 49 years old) who was on board the said car, to suffer from the injury of the catum cat, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report;

1. Notice of the result of crackdown on driving drinking;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning criminal facts of the relevant Act, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of duty and negligence);

1. The Commercial Concurrent Crimes Act.