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(영문) 수원지방법원 평택지원 2019.05.31 2018고단2142

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal record] On June 16, 2007, the Defendant was sentenced to the suspension of indictment for a violation of the Road Traffic Act at the office of the horizontal Housing Site Office of Suwon District Prosecutors' Office as of June 16, 2007, and on August 12, 2011, the Defendant was issued a summary order of KRW 3 million from the Suwon District Court as of the violation of the Road Traffic Act.

【Criminal Facts】

1. Around 20:20 on October 2, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving a Daco-C car on the one-lane road in front of a cafeteria located in Asan-si B.

The driver of a motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle, to verify whether there is a pedestrian by driving the front and the right side of the motor vehicle, and to prevent the accident by driving the motor vehicle.

The Defendant neglected to do so, and neglected to do so, the blood alcohol concentration of 0.091%, and neglected the duty of all-time care, and caused the victim E, kneeee part of the vehicle driven by the Defendant due to his occupational negligence, coming on the right side from the left side of the vehicle driven by the Defendant, to the front part of the vehicle driven by the Defendant, thereby causing the victim to suffer injury, such as tearing knee, kneeing, etc., which requires about 15 weeks of treatment.

2. On October 20, 2018, the Defendant violated Article 44(1) of the Road Traffic Act at least twice as stated in the judgment of the lower court, and operated a Daccoc car in the state of alcohol alcohol 0.091% at a section of about 100 meters from a parking lot adjacent to a restaurant located in Asan-si B to the front road of a restaurant located in Asan-si B, Asan-si, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notification of the results of crackdown on drinking driving and a report on actual condition survey;

1. Each written diagnosis;

1. Previouss before ruling: Criminal history records, investigation reports (including reports on attachment of previous judgments and related written judgments, reports on attachment of written opinions, and accompanying documents) shall apply to statutes.