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(영문) 수원지방법원 평택지원 2012.06.19 2012고단562
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant is a person engaging in driving a DNA car.

At around 22:20 on May 13, 2012, the Defendant: (a) driven the said car and driven the said car on the front road in Pyeongtaek-si joint-dong; (b) neglected the police officer’s stop signal in order to avoid drinking control; and (c) escaped from the Pyeongtaek-si room to the front of the road; and (d) the victim E got a F patrol vehicle and led the Defendant to attack the Defendant.

A driver of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents by accurately operating the steering gear and brakes of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was placed with the part on the right side of the F patrol vehicle which the Defendant stops on the front of the bus terminal in Pyeongtaek-si, which is in front of the bus terminal in Pyeongtaek-si, in front of that of Pyeongtaek-si.

Ultimately, the Defendant suffered injury to the victim for approximately two weeks of medical treatment due to occupational negligence as above, and at the same time damaged the above patrol car to cover KRW 1,800,876 of repairing expenses, such as a fish plate, etc.

2. Around 22:10 on May 13, 2012, the Defendant driven a DNA mast car under the influence of alcohol concentration of about 0.105% on the front side of a steering boat located in Pyeongtaek-si joint-dong on the same day at around 22:20 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notification of the results of the drinking driving control, written estimate, and written diagnosis;

1. Application of each statute on photographs;

1. Duties under Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act.

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