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(영문) 수원지방법원 2019.06.13 2019고단542

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not more than ten months.

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

1. On January 15, 2018, the Defendant violated the Road Traffic Act (driving) at approximately 400 meters from the underground parking lot of the building Heungdong-gu, Young-si to the front road of the apartment house of Yong-si, Gung-si, Gung-si, Gung-si, for the purpose of running a DNA siren car under the influence of alcohol content of 0.122%.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On January 15, 2018, the defendant operated a two-lane way in front of the Young-gu C apartment at Young-gu, Young-gu, Young-gu, the defendant got to turn to the left from the E-section to the C apartment room.

At the time, night and a crosswalk is installed. In such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by checking whether there is a pedestrian, i.e., the driver of the motor vehicle, who is engaged in driving the motor vehicle without the alcohol.

In such a case, the Defendant neglected this, while under the influence of alcohol content 0.122%, and did not avoid the victim F (n, 51 years old) who was frighting a path in the front of the course of the operation of the said vehicle due to occupational negligence, and did not avoid the victim F (n, 51 years old). The part of the victim's blick part of the said vehicle was shocked to the road.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc., in need of treatment for about two weeks by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment) concerning criminal facts.