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(영문) 수원지방법원 2019.02.13 2018고단5437

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a B liquid sports cargo vehicle;

On May 2, 2018, at around 23:15, the Defendant driven the above cargo while under the influence of alcohol of 0.105%, and proceeded at a speed that makes it impossible to identify the four-lane road in front of the area C in the direction of the river basin in the direction of the river basin in order to make it impossible to identify the four-lane road in front of the area C in the direction of the river basin.

At the time, the passage of the front door of the road was the night, and there was a crosswalk where a signal, etc. is installed, so it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the traffic signal, while checking whether there is a person to reduce speed and to see the front door and the right and the right.

Nevertheless, the defendant neglected his/her duty and found the victim D (59 years old) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals due to the negligence of disregarding the change of the vehicle progress signal to the stop signal while under the influence of alcohol, and caused the victim to go beyond the ground by taking the left bridge of the victim as part of the cargo of the defendant.

Ultimately, the Defendant suffered injury, such as cage cage cages, which require approximately 14 weeks of medical treatment to the victim through occupational negligence above.

2. The Defendant violated the Road Traffic Act (driving) driving a B liquid sports cargo vehicle under the influence of alcohol with approximately 0.105% alcohol concentration at the section of approximately 1.5 km from the temporary border as stated in the above paragraph (1) and from the French area to the road in front of the Gu, the Defendant driven a B liquid sports cargo vehicle with the influence of alcohol level of about 0.105%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. A traffic accident report, a report on the results of the regulation of drinking driving, and a report on the circumstantial statement of a drinking driver;