(영문) 수원지방법원 평택지원 2018.05.25 2018고단152

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Reasons

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자간(%)

(영문) 수원지방법원 평택지원 2018.05.25 2018고단152

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for four 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

The defendant is a person who is engaged in driving a food car.

On November 8, 2017, the Defendant driven the said car under the influence of alcohol content of 0.054% in blood at around 06:05, while driving the said car, and proceeded at the speed of about 20km/h from the right west to the north-west side of the west at about 12km-ro 78, Pyeongtaek-si.

At the time, there was another error that entered the intersection at night, and in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the left door and the right and the right of the driver, and by accurately manipulating the steering direction and the brakes.

Nevertheless, the Defendant neglected to do so and neglected his duty to see the right and the right and the right and the right and the right and the right and right and the right and right and the right and right and the right and right and the right and right and the right and right and the right and right and the right and right and right and the right and right and right and the right and right and the right and right and the right and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Ultimately, the Defendant suffered injury to the victim, such as a peltoma, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning criminal facts of the relevant Act, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of duty and negligence);

1. Imprisonment with prison labor and choice of imprisonment without prison labor for a crime of violating the Traffic Act on the Preparation of Alternative Road Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1.Article 62(1) of the Criminal Act (the following favorable circumstances) shall be suspended of execution:

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