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(영문) 수원지방법원 평택지원 2018.05.17 2018고단28

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On June 3, 2011, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s KRW 1.5 million, and on November 17, 2017, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime at the same court.

[Criminal facts] The Defendant is a person who is engaged in driving of BS-type vehicles.

On December 14, 2017, the Defendant driven the foregoing vehicle under the influence of alcohol concentration of 0.066% from the roads near Pyeongtaek-si, Gyeonggi-do, and then proceeded with the roads of three-lanes on the west coast highway located in the Cheongbuk-do in the north of the same city at the same time on the west JC bank.

It is an expressway that has a lot of motor vehicle traffic, so in this case, a person engaged in the driver's duty of care to accurately operate the steering system, brake and other devices of the motor vehicle, and to safely drive the motor vehicle by taking into account the right and the right and the right and the right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not properly conduct the front-time, and did not cause the back part of the E-5 tons of the injured party D(60 ) driving, which was in progress, to the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence during the two-day period of medical treatment, such as salt and tension.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. A survey report on actual conditions, a traffic accident occurrence report, accident scene, photograph of the accident vehicle, and a diagnosis report;

1. Notification of the results of the control of drinking driving, the above dmark formula and investigation report;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act (Punishment of imprisonment without prison labor);