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(영문) 수원지방법원 성남지원 2017.10.12 2017고단1883

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

Punishment of the crime

The defendant is a person who is engaged in driving a passenger car Benz C220.

1. On May 23, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) went through a road of five-lanes in front of the gender-based 498, as the fluence of alcohol 0.164% at the 0.164% fluence of alcohol during blood transfusion, from May 23, 2017, along with three-lanes from the place of active service to the city of Gwangju.

At the time, it was night and there was five-lanes, so in this case, there was a duty of care to reduce speed and prevent accidents in advance by well examining the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and proceeded with the part of the back of the victim C(65) who was under the signal waiting at the front of the passenger car by negligence, which was driven by the Defendant (65).

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim C, such as salt panions requiring approximately two weeks of treatment, and the injury to the victim E (the victim 37 years of age) who is the passenger of the damaged vehicle, such as light panions requiring approximately two weeks of treatment.

2. On May 23, 2017, the Defendant was under the influence of alcohol at around 00:50 on May 23, 2017, the Defendant driven the said benz car at the section of about 2 km from the military parking lot in the Sungnam-si, Sungnam-si to the front day of the same sex.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting of a traffic accident (1) (2);

1. A report on the circumstances of the driver at home and the detection of the driver at home;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Commercial concurrence;