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(영문) 수원지방법원 안산지원 2012.12.27 2012고단2223

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:10 on September 21, 2012, the Defendant was driving a motor vehicle with her blood alcohol concentration of approximately 0.099% from the 3km section of approximately 3km in the same city’s Ham-dong from the Yadong-dong in Ansan-si, Ansan-si to the 521rd intersection in the same city’s Dong-dong.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a passenger car as specified in paragraph (1).

On September 21, 2012, at around 00:10, the Defendant driven the said car with a blood alcohol concentration of 0.099%, and led to a two-lane road of 521, Anasan-si, Anasan-si, Seoul-si, by driving the said car at a speed of about 50km per hour depending on the inner basin of the mountain basin from the center.

At the time, night and at all times, the signal lights are installed, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the signal.

Nevertheless, under the influence of alcohol, even if the signal is changed to a vehicle stop signal, the victim C (Woo, 49 years old) who was driving from the right side of the defendant's vehicle to the left side of the vehicle due to the negligence of continuing to proceed at the same speed.

Ultimately, the Defendant suffered injury to the victim C in the above occupational negligence for approximately 8 weeks, such as 10 weeks of death in the right fals of abandonment fals, and fals and tensions that need to be treated for about 2 weeks to the victim E (the 62 years of age) who was the fals of fals.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of C and E;

1. Each written diagnosis;

1. The actual condition survey report;

1. Papers of measurement records of drinking alcohol;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial reports on drivers;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;