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(영문) 수원지방법원 2018.08.07 2018고단2842
교통사고처리특례법위반(치상)등
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

The Defendant is a person who driven a motor vehicle under the influence of alcohol on September 8, 2008 (the issuance of a summary order of KRW 1,00,000 at the Suwon Flag Flag on November 21, 2008), driven a motor vehicle under the influence of alcohol on October 2, 2010 (the issuance of a summary order of KRW 2,50,000,000 from the Suwon Flag Flag Flag on December 10, 201), driven a motor vehicle under the influence of alcohol on November 26, 2016 (the issuance of a summary order of KRW 8 million from the Suwon Flag on January 4, 2017), and has violated Article 44 (1) of the Road Traffic Act at least twice.

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On April 5, 2018, the Defendant driven the said vehicle without obtaining a driver's license, while under the influence of alcohol content of 0.115% during blood transfusion, and led the Defendant to drive the said vehicle on the 3-lane 53-lane Donnam Eup administrative document at the time of harmony, the road front of the 53-lane Donnam post office from the Donnam high school.

It is a place where a signal, etc. is installed, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to properly see 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 prevent an accident by accurately manipulating the steering and the system.

Nevertheless, the defendant, while under the influence of alcohol, neglected to do so and tried to see the victim C (Woo 42 years old) who was stopped due to the signal atmosphere at the front direction of the defendant's driving.

As a result, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual survey report and on-site photographs;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A medical certificate or an examination and treatment set;

1. The records of its ruling: A response to inquiries, such as criminal history, and the application of the law of investigation report (the same type of crime record).

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