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(영문) 수원지방법원 2018.09.04 2017고단7808

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 sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant is engaged in the business of driving B Cost Engines in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

On October 3, 2017, the Defendant driven the above car at around 03:55 and moved to the right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right holder of right

At the time of night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by seeing the right and the right and the right and the right of the motor vehicle and by accurately manipulating the steering and operation devices.

Nevertheless, the Defendant neglected to operate the steering gear in an inaccurate manner under the influence of alcohol, which led to the shock of the roadside trees that the Defendant was driving.

As a result, the Defendant suffered from the victim C (25) who was on the part of the Defendant’s van who was on the part of the Defendant, due to the foregoing occupational negligence, about nine weeks of medical treatment.

2. The Defendant, while under the influence of alcohol leveling 0.153% during the date and time of blood as described in paragraph (1), driven Bone Star Co., Ltd. over about 4 km from the Do adjacent to the Gong-dong Seoul Northern apartment parking lot to the place described in paragraph (1).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Notification of an investigation report on the actual condition of traffic accidents and the results of regulating drinking driving;

1. An accident scene photograph;

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

1. Relevant legal provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) (the driving of alcohol, the choice of imprisonment), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the choice of imprisonment without prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.