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(영문) 수원지방법원 성남지원 2018.05.17 2018고단427

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

1. The defendant is a person who is engaged in driving a vehicle B with the highest driver's license in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act.

On December 13, 2017, the Defendant, while under the influence of alcohol 0.124% during blood transfusions on December 13, 2017, had five lanes 402km from the upstream line of the Gyeongnam-si, Sungnam-si, Sungnam-si along the two-lanes of the above roads in Seoul in the direction of Seoul Tolupt.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely change the vehicle line by operating a direction direction when changing the vehicle line and giving prior notice of change of course and making safe change of the vehicle line by taking into account the traffic situation before and after the change.

Nevertheless, the Defendant, while under the influence of alcohol, did not turn on the direction, and did not turn on the direction of the above three-lanes of the above three-lanes of the road, received the part of the front part of the passenger car in front of the automobile driving by the Defendant as the back part of the automobile driven by the Defendant.

In the end, the Defendant got around 2 weeks of medical treatment to the victim due to the above occupational division and room.

2. The Defendant, at the same date and time as the preceding paragraph of the assault, and at the same place, controlled the police officers dispatched with 112 reports due to the foregoing traffic accidents by drinking alcohol, and was sitting at the back seat of the patrol vehicle, as he left the boom, and was on the face of the above victim who was in conversation with the police officer, and was faced with the victim’s face under the victim’s left-hand eye.

Accordingly, the defendant committed assault against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report on the actual condition of a traffic accident, report on the situation of a driver in charge, notification of the results of crackdown on drinking driving, and investigation report (the aforementioned drone);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the site and vehicle photographs;