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(영문) 수원지방법원 2017.06.20 2017고단427

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

Criminal facts

[criminal history] The Defendant is a person who received a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act in support of the Sungnam branch of Suwon branch on August 5, 201, and a person who received a summary order of KRW 1,50,000 for a fine of KRW 1.5 million for the same crime from the Suwon branch of Suwon branch of September 25, 201 and received a summary order of KRW 1.

[Criminal facts] The Defendant is a person who is engaged in driving a car at the horse bill B.

On December 31, 2016, the Defendant driven the said car under the influence of alcohol level of 0.101% from blood transfusion around 05:20 on December 31, 2016, and led to turn to the left from the boundary of the police station southing the water source school located in the source of the Suwon-gu at Suwon-si.

In this case, there was a duty of care to observe the signal and to prevent accidents in advance by keeping the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left as it is on the straight line, and received the front part of the victim C(56 Do)'s low-speed driving D, which was normally driven from the south Coastal Police Station to the south Coastal Police Station in accordance with the new subparagraph, from the right side of the Defendant's driver's vehicle.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties, such as a plekele of a plekele that requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A traffic accident report (1) (2) and a report on the detection of a primary driver;

1. On-site photographs of traffic accidents;

1. A medical certificate;

1. Previous convictions in judgment: Application of second-class Acts and subordinate statutes to a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2(1)1 of the Road Traffic Act and Article 44(1) of the Road Traffic Act (the occupation of drinking alcohol and the choice of imprisonment) are 1.