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(영문) 수원지방법원 안산지원 2019.05.15 2019고단747

교통사고처리특례법위반(치상)등

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

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing or other car.

On January 12, 2019, the Defendant, while under the influence of alcohol at 0.090% of blood alcohol level on January 22, 2019, was driving three-lanes between the Ansansan Coast Police Station located in Ansan-si and the flow distance from the Sungpo-dong.

In such cases, a person engaged in driving service has a duty of care to safely drive the front left and right well, such as accurately operating the steering and brakes, and prevent accidents.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 졸음운전을 하다가 전방 주시의무를 소홀히 한 과실로, 피고인 차량 전방에서 속도를 줄이며 직진 주행하던 피해자 C(여, 27세) 운전의 D 마티즈 승용차의 뒤 범퍼를 피고인 차량의 앞 범퍼로 들이받고, 위 충격으로 위 마티즈 승용차가 앞으로 튕겨나가 그 앞에 정지하고 있던 피해자 E(여, 52세) 운전의 F 모닝 승용차의 뒤 범퍼를 마티즈 승용차의 앞 범퍼로 들이받았다.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tension, etc. in need of approximately three weeks’ medical treatment due to occupational negligence as above, and injury to the victim E, such as salt, tension, etc. in the chill that requires approximately two weeks’ medical treatment.

2. Around 22:45 on January 12, 2019, the Defendant driven a B rocketing car under the influence of alcohol concentration of approximately 1.5 km from the roads near the G building in Ansan-si to the shooting distance from the Yak-gu, Ansan-si, Ansan-si to the Yakdong High School located in Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. The actual survey report and the occurrence of traffic accidents;

1. Report on the circumstantial statements of a drinking driver, and notification on the control of drinking driving;