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(영문) 수원지방법원 성남지원 2013.05.09 2013고단465
교통사고처리특례법위반등
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. On June 13, 2008, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the Suwon District Court, and a fine of KRW 5 million as a crime of violating the Road Traffic Act (driving on July 22, 2010) at the Gyeyang Branch of the Suwon District Court, respectively.

On January 21, 2013, at around 21:10, the Defendant driven C K7 vehicles while under the influence of alcohol content of 0.198% on the road front of the exit of the mother-gu, Sungnam-dong 3493, Sungnam-dong, Sungnam-dong, 3493.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents was driving the said vehicle at the same time and place as that set forth in paragraph (1) and was driving along the five lanes along the road on the side of the area of the branch of Sungnam-si.

When the driver of a motor vehicle changes the vehicle line, he/she has a duty of care to change the vehicle line by operating the direction direction, etc. in advance, giving prior notice of the change of course, and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and changed the lane from the five lanes to the four lanes while under the influence of alcohol, and received the back portion of the E-si for business use driven by the victim D (Nam, 5 years old) in front of the left side of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim D, such as catum salt, which requires treatment for about two weeks due to such occupational negligence, and injury to the victim F, who is the passenger of the said taxi, to the victim F, who is the passenger of the said taxi, for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Division: Application of the Acts and subordinate statutes to inquiry inquiry report and investigation report (the confirmation of a previous record of sound driving);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. Commercial concurrence;

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