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(영문) 수원지방법원 성남지원 2017.10.19 2017고단2300

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for four 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. On June 7, 2017, the Defendant, at around 22:30, driven a B-Serger car in the direction of approximately 600 meters alcohol concentration at around 0.085% in blood, from the main point of “net” located in the camping-dong of the Pungnam-si, Sungnam-si to the second-story parking lot located in the same Dong.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a BDD car.

On June 7, 2017, the Defendant driven the above vehicle at around 22:30, and continued to run the vehicle at the second floor parking lot underground of the Geum-ho-gu, Sungnam-si.

In such cases, a driver of a motor vehicle has a duty of care to thoroughly stop in the aftermath, not drive the motor vehicle while under the influence of alcohol, and to safely drive the motor vehicle in the aftermath, such as making it possible to immediately stop the motor vehicle if there is an obstacle such as another motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected his/her duty of alcohol content 0.085% while under the influence of alcohol during blood and neglected his/her duty of alcohol in the future, and was negligent in proceeding with the Defendant’s vehicle’s back end part, which was driven by the victim C (58 tax) who was stopping at the rear of the Defendant vehicle, received the front part of the DNA cargo vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report (1)(2), a state driver’s circumstantial report, and an investigation report (as regards the application of the above Dmark):

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

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupation of a person causing occupational negligence, the choice of a person without prison labor), and Article 148-2(2) of the Road Traffic Act.