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(영문) 수원지방법원 2014.04.30 2014고단1090

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for six 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

On August 13, 2010, the Defendant 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 on August 13, 201, and the same court on April 4, 2013 as a fine for a violation of the Road Traffic Act.

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a BL car.

On February 22, 2014, the Defendant driven the above car on the 18:35th day of February, 2014, and led the general sports ground distance to the distance of the office building of the port of the port of the Gu from the right side of the port of the Gu.

In such cases, a person engaged in driving service has a duty of care to safely drive the vehicle, such as setting the front left well, accurately operating the steering and steering system, preventing the accident from occurring.

Despite this, the Defendant did not discover the victim C's D's vehicle in front of the moving direction due to the negligence of negligent driving while under the influence of alcohol, and received the Defendant's front driver of the vehicle.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as fluoral salt, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving) at the date, time, and place specified in paragraph (1) of this Article, driven a B LV car with a blood alcohol concentration of about 0.168% under the influence of alcohol in the section of about 2 km from the roads adjacent to the movie elementary school to the general playground distance, according to the border water in the city of Suwon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. C’s statement;

1. A medical certificate;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previous records: References to inquiries, such as criminal records, investigation reports (report on attachment of criminal records of the same kind of suspect), and application of Acts and subordinate statutes of each summary order;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act concerning criminal facts;