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(영문) 수원지방법원 2016.09.29 2016고단3421

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle at D.

On November 26, 2015, the Defendant driven the said car under the influence of alcohol level of 0.122% among blood transfusions on November 26, 2015, and driven the road of six-lanes in front of the flow distance in the territory of the Young-gu through the Young-gu through the Young-gu through Suwon National University at the speed of the US at a speed of five-lanes from the border-si university.

At night, however, the front door of the road was passed due to the snow getting off, and there was a crosswalk on which signal lights are installed at the front door, so that the driver of the vehicle has a duty of care to reduce the speed of the driver of the vehicle and to check whether there is any person who gets on the way to see the front door well, and to safely drive the vehicle in accordance with the traffic signals and prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant, while proceeding in violation of the signal while driving the crosswalk, took the bicycle from the right side of the crosswalk to the left side in accordance with the victim E (32) who was walking the bicycle from the crosswalk to the left side of the crosswalk, caused the injured party to be faced with the bicycle in front of the right side of the car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury of an external wound, which had two open addresses in need of approximately 14 weeks of medical treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the said vehicle under the influence of alcohol with approximately 0.122% alcohol concentration from the section of approximately 1.3km from the section of approximately 6-1 km in Seocheon-gu, Seocheon-gu, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, to the roads adjacent to the Seocheon-gu, Seocheon-gu, Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. A traffic accident analysis and appraisal report;

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

1. Relevant provisions of the Act concerning facts constituting an offense;