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(영문) 수원지방법원 안산지원 2015.12.02 2015고단3151

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight 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 June 19, 2008, the Defendant issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and KRW 1.5 million as a fine in the same court on January 28, 2013 as the same crime.

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

On August 29, 2015, the Defendant driven the said car while under the influence of alcohol of 0.098% of alcohol concentration of blood on August 22 and 24, 2015, and driven the road of 1 lane in front of 476 U.S. Sinung-si at the speed of 476 U.S.

At the time, there was a motor vehicle signaled to turn to the left at night, and thus, there was a duty of care to reduce the speed for those engaged in driving service and accurately operate the steering direction and brakes, and to safely drive the front door in accordance with the good faith and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to turn to the left at the front of the vehicle due to negligence while driving, received the back portion of the DK5 Private Taxi that the victim C is driving.

Ultimately, the Defendant suffered injury to the victim C, such as catum salt in need of approximately three weeks’ medical treatment due to occupational negligence, and injury to the victim E, such as catum salt, tension, etc. in need of approximately two weeks’ medical treatment.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.098% from a 500-meter section from the Do in front of the mutual flock in the flive flock in the flick-dong at the time of temporary bordering to the above accident place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;