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(영문) 수원지방법원 2019.08.22 2019고단2469
교통사고처리특례법위반(치상)등
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. The Defendant is a person driving B Costa Car under the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 15, 2019, at around 15:26, the Defendant was under the influence of alcohol with 0.128 percent of blood alcohol concentration, and the Defendant was under the influence of alcohol, and the Defendant was under the left left-hand turn at the front of the DNA water datum C located in Suwon-si, Suwon-si.

Since the location was the intersection where the signal was installed, the driver of the motor vehicle had a duty of care to prevent the accident by safely driving the motor vehicle according to the traffic signal by reducing speed and keeping the front door well.

Nevertheless, under the influence of alcohol, the Defendant was driven by the Victim F (year 61) who was in a mastife due to negligence on the left-hand turn to the right-hand signal, and was driven by the Defendant as the front-hand part of the said car.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tensions, etc. in need of treatment for about two weeks by occupational negligence as above.

2. The Defendant, like in the preceding paragraph, driven a B car in the form of alcohol alcohol concentration of about 800 meters from the section of approximately 800 meters from the Had Water datum located in the same Gu C to the road before the water datum located in the same Gu as in the preceding paragraph of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident occurrence report;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1), the proviso to Article 3(2)1, and Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2, and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 37 of the Criminal Code among concurrent crimes.

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