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(영문) 수원지방법원 성남지원 2018.03.29 2018고단44

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six 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 motor vehicle B.

1. On December 19, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car at around 03:30 on December 19, 2017, driving the said car along the three-lane road of 132-lane 132, the way from the right intersection to the right intersection.

At the time, night and there was five-lanes, so in such a case, there was a duty of care to prevent accidents in advance by reducing speed to a person engaged in driving business, and by safely examining the front, rear, and left and right of the vehicle.

Nevertheless, the Defendant neglected this and proceeded in the same direction as the victim C(45 years old) who was driving in the same direction as the two-lanes prior to the bend of the bend, followed the right side of the DSS5 car, and shocked the pentar part before the left side of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. in front of the horse that requires approximately two weeks of medical treatment due to the foregoing occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle under the influence of alcohol with about 11k alcohol concentration 0.084% from the section of approximately 11k to the place in paragraph 1, i.e., “Copololium” as the day of the day-to-day spawn in Sungnam-si, Sungnam-si, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Application of Acts and subordinate statutes concerning traffic accident reports, reports on the actual conditions of drivers of the relevant driving, and on-site photographs;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.