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(영문) 수원지방법원 2016.09.06 2015고단3223

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2015 Highest 3223"

1. The accused is a person engaged in driving a Dap vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, the Road Traffic Act, and the Road Traffic Act;

On March 15, 2015, at around 20:10, the Defendant was under the influence of alcohol with 0.143% of blood alcohol concentration without a driver’s license, and the Defendant driven the said vehicle and proceeded at the three-lane road of the emergency runway, which is located in the Sejong East-gu, Suwon-gu, Suwon-si, along the two-lanes of the non-speed path from the water protection area to the water protection area.

At the time, the victim FF (59 years of age) who is driving in the same direction according to the first lane is driving GM3 car, and thus, the driver of the vehicle has a duty of care to operate the direction, etc. when changing the vehicle, give notice of the change in the course, and to make the change in the vehicle as well as the situation of traffic before and after the moving.

Nevertheless, the Defendant neglected this and caused the collision with the central separation zone by taking the front part of the above F F F F F vehicle into the front part of the left part of the vehicle of the Defendant’s vehicle as it was due to the negligence of changing the vehicle to the left part, and caused the collision with the central separation zone. The ICo driven by H, which was driven by the central separation zone, along one lane from the part where the concrete is protruding to the left part, and the front part of the KNF Ba, which was driven by J, along the two-lane, is the front part of the left side and the front part of the KNFus.

The Defendant, by its occupational negligence, sustained injury to the above F, such as brain dead, which requires approximately three weeks of medical treatment, and injury to the victim L (the 47 years old), who is the chief passenger of the vehicle operation, due to approximately two weeks of medical treatment, and at the same time damaged the amount of KRW 5,530,000, which is owned by the above FF, to the scrapping of the vehicle, and the amount of KRW 1,102,848 is equivalent to the repair cost.