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(영문) 수원지방법원 2017.11.30 2017고단6731
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

1. On November 12, 2010, the Defendant is a person who has been issued a summary order of KRW 1 million with a fine of KRW 3 million from the Suwon District Court on the ground of a violation of the Road Traffic Act (driving) at a site site, and on May 18, 201, from the Suwon District Court on the ground of a violation of the Road Traffic Act, the Defendant has a record of having received the summary order of KRW 3 million with the same crime, etc.

On September 23, 2017, at around 20:30, the Defendant driven a B-hurged car with alcohol content of about 0.119% under the influence of alcohol at around 20km from the road located on the part of the deceased at Ansan-si to the road located in the 833rd of the 0knife of the wife population at Chicago-si.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant is a person who is engaged in driving a motor vehicle with a lurged motor vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 23, 2017, the Defendant, while under the influence of alcohol 0.119% in blood at around 20:30 on September 23, 2017, driven an A-to-pured passenger vehicle with a zero point 0.119% alcohol concentration, and continued two laness of the two lanes of the two lanes of the two lanes of the two lanes of the two lanes of the two lanes of the two lanes of the two lanes of the two lanes of the Alurgians, Gi-si, Gi-si

At the time, since it is at night, there was a duty of care to safely operate a person engaged in driving of a motor vehicle by reducing speed and checking well the front.

Nevertheless, the Defendant neglected this and received the rear part of the victim C (4.5 tons of truck) driving D4.5 tons of the victim C (47 Do) who was proceeding in the front of the hived vehicle where the Defendant is driving by negligence when he neglected to neglect the front of the hived vehicle.

As a result, the defendant suffered injury to the victim, such as the right sleep, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

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

1. A written appraisal of alcohol among bloods;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. Written replys to inquiries, such as criminal history;

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