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(영문) 수원지방법원 2018.12.18 2018고단5023
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving of a vehicle with B low speed car; the Defendant driven the above vehicle at around 14:40% alcohol level on June 11, 2018, while under the influence of alcohol level 0.130% on blood, and driven the two-lane side of the two-lane side of the front side of the C house in e-faceh in e-section. On the other hand, the Defendant was at a crosswalk where a signal, etc. is installed, so the Defendant is obliged to observe the signal and to verify whether there is a pedestrian, and to prevent the accident by accurately manipulating the steering direction and brake system; however, by negligence, the Defendant proceeded in violation of the vehicle red signal signals; by driving the vehicle at the right side of the above crosswalk; by taking the victim’s 6-day e-mail and the victim’s e-child shock, etc., who suffered a danger to pedestrian safety (the victim suffered a danger to pedestrian safety).

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with B low-speed, as above, while under the influence of alcohol 0.130% in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Reports of traffic accidents and notification of the results of regulating drinking driving;

1. The application of Acts and subordinate statutes to a medical certificate and a report on an investigation (or a reply by a doctor in charge on an injury);

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2, 44 (1) (the driving of alcohol, the choice of imprisonment), Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 1, 6, and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and practical injury, the choice of imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the said Act (within the scope of the total of the long-term punishments for each crime): Provided, That it shall be within the scope of the term of punishment plus the aforesaid long-term punishments;

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