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(영문) 수원지방법원 안양지원 2016.04.29 2016고단188

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a BMW car.

On September 5, 2015, from around 03:0 to around 03:00, the Defendant drinked alcoholic beverages in the vicinity of the Ansan-dong in Ansan-si, and around 06:40 on the same day, the Defendant driven the above-mentioned car at around 06:40 on the same day, thereby driving the repair tunnel down at a point of 110.6 km in the mountain-dong in Sinpo City, Sinpo-si, Sinpo-si at a speed of at least 141 km per hour, depending on the two-lanes of Sinpo-do, from the outside of Sinpo-si.

At that time, there is a road in a tunnel where the speed limit is 100 km per hour, so a person engaged in driving a motor vehicle has a duty of care to observe the restricted speed and the difference, not driving another motor vehicle safely, and prevent the accident by driving the motor vehicle safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive a D-free bus driven by C while driving on a two-lane, was changed to the first lane and operated at a speed of about 194 km per hour, and the Defendant changed to the last lane due to the negligence of operation at a speed of about 194 km per hour, and received the frier behind the left side of the said D-free bus and received the frier to the front side of the Defendant’s right-hand car.

As a result, the Defendant suffered, by negligence on duty, the injury to the victim E, who was on board the instant off-line bus ( South, 34 years old), about four weeks of light fluoral dynasium, and the injury to the victim F (V, 30 years old), about four weeks of fluoral dynasium, which requires approximately four weeks of treatment.

2. The defendant, who violated the traffic laws on roads, driven a motor vehicle while under the influence of alcohol, such as the time and time of paragraph (1) above and face of the motor vehicle, in an inaccurate manner, and the distance of mold;

Even if there are reasonable grounds to determine a person, he/she is required to comply with the measurement of drinking by inserting the measuring instruments for drinking from G members of the expressway patrol team dispatched to the site of the said accident, he/she is required to comply with the measurement of drinking on the same day, at around 07:12 on the same day and around 07:23 on the same day.