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(영문) 수원지방법원 안산지원 2019.01.11 2018고단3701
교통사고처리특례법위반(치상)등
Text

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

1. Around 22:30 on August 21, 2018, the Defendant was under the influence of alcohol by 0.130% of blood alcohol concentration from the 1km section from the parking lot to the coast of Ansan-si, Ansan-si, Ansan-si, and driving a DM5 vehicle under the influence of alcohol level of 0.130%.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a DSS5 car.

The Defendant, while under the influence of alcohol level of 0.130% in the time and time of the above paragraph (1) above, was driving in the coast of Ansan-gu, Ansan-gu, Annsan-si with two-lanes of the 4-lane distance from the offside of the half month Corporation to the Escoping side of the Escopic.

In this case, a driver of a motor vehicle has a duty of care to live well on 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 of care to safely drive the motor vehicle by complying with the designated lane.

Nevertheless, the defendant neglected this and led the left-hand turn to turn to the left-hand turn at the right-hand edge of the passenger car driven by the victim FF(54 years of age) who stops in the signal line in order to turn to the left at the right-hand edge of the vehicle of the defendant, due to the negligence that caused the defendant to go to the right-hand turn.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim F, such as salt, tensions, etc., in need of treatment for about two weeks, on the part of the victim H (19 years of age) who was on board the damaged vehicle, and suffered injury, such as salt, tension, etc., in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Report on the results of the control of drinking driving (A) and the statement of the state of drinking drivers;

1. The actual condition survey report;

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

1. Relevant Act concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of sound driving), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Criminal Act.

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