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(영문) 수원지방법원 성남지원 2016.04.21 2016고단96
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On January 18, 2013, the Defendant received a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act (driving of Drinking) at the Jung-gu District Court on the same day, and on July 2, 2013, a summary order of KRW 8,00,000 as a fine for the same crime was issued.

[Criminal facts]

1. On January 8, 2016, the Defendant: (a) driven a Clearning car under the influence of alcohol by 0.150% in alcohol while under the influence of alcohol for approximately 2.5 meters from the front of the non-cafeteria-dong in Gwangju City to the Gyeonggi-si roads; (b) around January 22:10, 2016.

2. On January 8, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven a Clearning car under the influence of alcohol as set out in the foregoing paragraph (1) and led to the progress of about 60 km each hour at the speed of about 60 km from the top side of the Gyeong-si in Gwangju City along a single lane towards the lower side of the border of Gwangju City.

In this case, the location was a three-distance intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to see the front side and to accurately operate the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the duty of due care as above, received the back portion of the E-vehicle, which is driven by the victim D (36 ) who is waiting for a signal at the front bank, as the front portion of the Defendant’s car.

After all, the Defendant, by negligence in the above occupational negligence, suffered salt, tensions, etc. from the victim F (Min, 36 years old) who boarded the above damaged vehicle, about two weeks of treatment, respectively. The Defendant suffered salt, tensions, etc. from the victim F (Min, 36 years old), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Each written diagnosis;

1. On-site photographs of traffic accidents;

1.A Application of any provision of a reply, such as criminal history, to the legislation.

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