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(영문) 수원지방법원 성남지원 2017.04.27 2016고단4068
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

1. On November 11, 2016, the Defendant was driving a B benz car under the influence of alcohol content of 0.066% from the road near the police station in the branch of the Seongdong-gu Seoul Metropolitan City Gynam-si, Sungnam-si, to the road in front of the same unlawful school distance.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive a day border and the said benz car as set out in paragraph 1, along the three-lanes of way, one of six-lanes in which the roads in front of the unlawful distance of the school as set forth in paragraph 1 were set off from the off of gold streets to the shooting distance of the school.

In this case, the driver of a motor vehicle has a duty of care to take the right and the right and the right and the right and the right and the right and the right of operation of the motor vehicle in an accurate manner to prevent the accident.

Nevertheless, the Defendant neglected to do so and driven while under the influence of alcohol content 0.066% in blood, and was driven by the victim C(58 tax) who is waiting for a signal signal at the front bank of the Defendant at the time when the Defendant was driven by the victim C(58 tax). The part behind the Defendant’s vehicle was followed by the front part of the Defendant vehicle.

As a result, the Defendant suffered injury, such as salted tensions and tensions, in which the period of treatment cannot be known to the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on traffic accidents: (i) and (ii), reports on the circumstances of driving at home, and reports on the detection of drivers at home;

1. Medical certificate (C);

1. Application of field photographs and CD-related Acts and subordinate statutes;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor);

1. Crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an injury or injury caused by a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever punishment is heavier).

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