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(영문) 수원지방법원 2015.09.23 2015고단1349

교통사고처리특례법위반등

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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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The indictment in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents states that the defendant's act of causing the traffic accident of this case is stated as follows, and there is omission of "the defendant's failure to comply with the requirement for measurement of drinking, such as Paragraph 2", but the applicable provisions of this Act state only "the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents". This is obvious that it is a clerical error, and it is judged that this part of the indictment without any amendment to the indictment does not cause a substantial impediment to the defendant's exercise of his right to defense even if it

On March 28, 2015, the Defendant, a person driving a motor vehicle in front of the E station located in Suwon-gu, Suwon-si, Suwon-si, driving a Fchip motor vehicle in front of the E station located in D, and driving a motor vehicle along the two-lanes of the three-lane road from the boundary of the sports complex to the distance of the educational office building in the direction of the two-lane road from the boundary of the sports complex, was negligent in neglecting his/her duty of care to operate the steering gear and brake system accurately and safely and without neglecting his/her duty of care to operate the motor vehicle in a safe manner, and thereby, was led to the Defendant’s failure to implement the vehicle at a speed of the victim G (W, 45 years old) driving to reduce the speed for traffic in the front section.

As a result, the Defendant suffered injury to the victim G, such as a chest and tension, which requires a medical treatment for about three weeks, and did not comply with the request for a drinking test as described in paragraph (2).

2. To the extent that there is no substantial obstacle to the defendant's exercise of his/her right to defense, this part of the facts charged is corrected as follows and recognized as criminal facts in this part.

On March 29, 2015, the Defendant stated the written indictment around 00:13 on March 29, 2015, but the record is a clerical error.