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(영문) 수원지방법원 2018.04.25 2018고단281

교통사고처리특례법위반(치상)등

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car at the fourth time.

On December 10, 2017, the Defendant driven the said car under the influence of alcohol level of 0.139% among blood transfusion around 01:30 on December 10, 2017, and led the Defendant to drive the said car along the two-lane roads in front of the first apartment of Young-dong Samsung, Young-gu, Suwon-gu, Suwon-gu, Suwon-gu, to proceed along the two-lane roads in front of the first apartment.

Since there are vehicles running along the intersection where signal, etc. is installed, there was a duty of care to safely drive a person engaged in the driving of a motor vehicle by reducing the speed and properly examining the flow of the motor vehicle under the signals through the intersection.

Nevertheless, under the influence of alcohol, the Defendant got the victim C(53 S) who was under the stop due to negligence during the stop under the stop signals, who was under the influence of alcohol, to be the front part of the Defendant’s vehicle. Accordingly, the Defendant got the victim E(35 years old) who was under the stop due to the driver’s negligence, who was under the influence of alcohol, to have the driver’s license after driving the car. As a result, the Defendant got the victim E(35 years old), a victim E(35 years old), who was under the stop.

As a result, the Defendant suffered from the victim C with the above occupational negligence, such as a chest stebry in need of approximately two weeks of treatment, and the victim E with approximately three weeks of treatment, respectively, the injury of the stebry in which the victim E needs two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to each traffic accident in C and E;

1. On-site photographs of traffic accidents;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Each written diagnosis;

1. Blue boxes and video CDs;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation of each business and negligence), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts (the occupation of drinking);

1.Article 40 of the Criminal Code of Trade and Trade.