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(영문) 수원지방법원 평택지원 2016.06.17 2016고단587

교통사고처리특례법위반등

Text

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 B's driver car.

On March 30, 2016, the Defendant driven the above car at a speed that does not know one-lane road due to the passage of the rooftop mountain intersection in the Ansan-si in the Ansan-si.

At the time, there was an intersection where a signal apparatus with on-and-off yellow lights was installed at night and at the front door, so there was a duty of care to prevent accidents in advance by properly operating the steering staff and the steering gear well before and after the end.

Nevertheless, the Defendant neglected the alcohol concentration of 0.068% in blood and found the victim C(37 Do) driver car to the left-hand side from the right-hand side of the Defendant’s running direction at a late time and failed to operate the car, thereby obtaining the right-hand side part of the car in front of the Defendant’s driving car.

Ultimately, the Defendant, by negligence on duty, sustained injury to the victim E (29) who is a partner of the car in the said C and Spanpo Area, respectively, for about two weeks of treatment, and driven a car while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim C;

1. A report on the actual condition of traffic accidents and a report on the occurrence thereof;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. Application of each statute on photographs;

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) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving) of the same Act;

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

1. Crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Punishment shall be punished by imprisonment without prison labor and crimes of violating the Road Traffic Act;