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(영문) 수원지방법원 평택지원 2015.10.29 2015고단1205

교통사고처리특례법위반등

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 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 BP car.

On May 8, 2015, at around 05:30, the Defendant driven the said car while under the influence of alcohol of 0.092%, and led to the driving of the said car to the public playground from the right side of Pyeongtaek-si to the public playground.

However, since there is a remote intersection that does not regulate traffic, a person engaged in driving of a motor vehicle has a duty of care to check whether or not a motor vehicle is entering the intersection first by reducing or temporarily stopping the speed of the motor vehicle and to check whether or not the motor vehicle is traveling through the intersection.

Nevertheless, due to the negligence of neglecting this, the defendant's driving at the same speed, brought the front part of the victim C(56 years of age, south)'s driving in the right side from the left side of the running direction of the defendant into the right side of the victim C(56 years of age, south)'s driving, and continued to show the front part of the victim DM5's driving in the signal waiting in the front line of the defendant's front line to the right side of the victim's driving.

Ultimately, the Defendant suffered from the above occupational negligence on the part of the victim E, who is a passenger of the said off-line passenger car (for about 38 years of age, the injury of the pelpel, etc. requiring a treatment for about 8 weeks, the injury of the victim F, who is a passenger of the same car (for about 32 years of age, the injury of the pelpelpel, etc. requiring a treatment for about 3 weeks of age, the injury of the victim C, such as sulphal fladumumum, etc. requiring a treatment for about 2 weeks of age, and the injury of the victim D, such as an anti-monthly fladum in the left-hand slotline, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver;

1. The application of Acts and subordinate statutes to written appraisal of blood alcohol concentration;

1. Article 3 (1), proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, the Criminal Act;