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(영문) 수원지방법원 안산지원 2019.08.14 2019고단2229

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

On May 26, 2010, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act (driving) from an Ansan Branch of Suwon District Court on December 7, 2010, a summary order of KRW 2,00,00 as a fine for a violation of the Road Traffic Act (driving) from an Ansan Branch of Suwon District Court on December 7, 201, and a summary order of KRW 3,50,000 from the Incheon District Court on December 21, 201, by receiving a summary order of KRW 3,50,000 from the Incheon District Court on December 21, 201.

On April 4, 2019, while under the influence of alcohol of 0.104%, the Defendant driven a 20km CMF5 vehicle from the Do in front of the parking lot near the Do adjacent to the Gyeongnam-si, Sungnam-si, and had the 23.3km from the 2nd km-dong, which is located in the luminous small river, proceed to the luminous tunnel from the right edge at the right edge, depending on the 23.3km km-dong, which is located in the luminous small river. The Defendant, while neglecting the duty of care to safely drive by neglecting the 50 years of age and the right and the right and the right and the right and the right and the right and the driving of the E-land driven by the victim D (50 years of age and remaining) due to the negligence of driving the vehicle while neglecting the duty of care to safely drive the vehicle. The Defendant suffered the injury of the victim, such as salt, tension, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A photograph of each accident vehicle;

1. An accident explanatory note;

1. A medical certificate;

1. Investigation report (the No. 16 of the evidence list);

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act (the occupation of occupational injury, the occupation of imprisonment without prison labor, the selection of imprisonment without prison labor)

1. Of concurrent crimes, punishment shall be imposed by imprisonment with prison labor under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act: Provided, That the same shall not apply;