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(영문) 수원지방법원 성남지원 2017.09.28 2017고단1998

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a passenger car Benz S350.

On June 11, 2017, the Defendant driven the said car under the influence of alcohol content of 0.146% among blood transfusions on 01:20%, and proceeded at a speed of approximately 81km per hour among four-lanes in Seoul Chuncheon Highway Seoul, Seoul, at a point of 1.2km, which is in the instigates of Hanam City.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front section and the right and the right and the right and the right of the driver of the motor vehicle, and by accurately manipulating the steering gear.

Nevertheless, the defendant used a mobile phone while under the influence of alcohol and operated a mobile phone to neglect in the front and the front of the city, and proceeded along two lanes from the end of the year.

C The left-hand side part of the Drash car driven by C is turned back to the right-hand side part of the Defendant’s car, followed by the victim E (29 years old) driven by the two-lanes in front of the said Drash car, and received the back part of the FPoter car driven by the Defendant.

Ultimately, the Defendant suffered injury, such as duplicating cages, including three cupages that require approximately four weeks of medical treatment, due to the above occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) driven a car under the influence of alcohol of 0.146% in the section of about 50km from the 50km to the point of 1.2km in Seoul Chuncheon Highway Seoul, which is located in the village of the river, which is located in mountain village, at the south of the Sincheon-si at the time of the temporary border of the Republic of Korea under paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in C and E;

1. A report on the occurrence of a traffic accident, investigation report (report on the situation of the driver in charge), and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Articles of the Act concerning the facts constituting the crime;