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(영문) 수원지방법원 2017.09.05 2017고단3693

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

Criminal facts

The defendant is a person engaged in driving a car at C.

On October 29, 2016, the Defendant driven the said car under the influence of alcohol level of 0.064% among blood transfusion around 19:50 on October 29, 2016, and led to the left turn to the right turn in the direction of an apartment apartment recognized by the Defendant at the front of the 130-day civic farm at the right line of Suwon-si.

At the time, since it is at night, a driver of a motor vehicle has a duty of care to take care of the front side and the left and to prevent the accident in advance by driving the direction, and making a left-hand turn.

Nevertheless, the Defendant neglected this and neglected to turn to the left without turning on the direction of left-hand turn, and went to the left-hand turn, and the front part of the Oral Part D (18S) driven by the victim D (18S) who is going to the right-hand side of the Defendant’s car driving in the direction of the right-hand road from the front side of the front side of the driver’s car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the injury of cerebral cerebrovassis and the impairment of recognition function, etc., whose treatment period is less than able to be known, on the right one-four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Written statements of D;

1. Assistance in the verification of traffic accidents, copies of records No. 108016, confirmation of sunset hours, and determination of deliberation by the private committee for deliberation on traffic accidents;

1. Photographs and accident-related photographs;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Summary of the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The summary of the assertion recognizes the fact that the defendant driven a drinking alcohol as stated in the facts charged in the instant case.

However, in light of the developments leading up to the occurrence of the instant accident, the Defendant did not drive alcohol.