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(영문) 수원지방법원 2018.05.15 2017고단8614

특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in the operation of Cststren driver's car.

On October 6, 2017, the Defendant driven the said car under the influence of alcohol level of 0.113% during blood alcohol level from around 22:57, and made the 1003 rush distance to turn to the left in the direction of the park in the direction of the park in the direction of the playground at the front city of Suwon-si.

Since the location is an intersection where signal lights are installed, the Defendant engaged in driving service had a duty of care to drive safely in accordance with the signals by accurately manipulating the steering direction and brakes while living well on the front side and the left side.

Nevertheless, the defendant, by negligence, neglected to make a left-hand turn in violation of the signal while driving alcohol as above, was driven by the victim D (W, 39 years old) who was driven in accordance with the straight line in the direction of the sports complex in the direction of the International Information Network of EM5, and was driven by the victim D (W, 39 years old) to the right-hand side of the above car.

In the end, the Defendant suffered from the injury of the victim D and the victim F (12 tax) who was on board the said SM5 car due to the above occupational negligence, such as finite finites, which require approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Statement made by the police against D;

1. Notification of an investigation report on the actual condition of traffic accidents and the results of regulating drinking driving;

1. Color photographs of each black stuffe photograph, photo of a melting vehicle, photo of a black stuffe image, and fluore photo of a black stuffe;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Crimes of violating the Traffic Act by choosing a punishment: Imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence: One-way sentence;