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(영문) 수원지방법원 2018.04.24 2018고단321
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On December 27, 2017, the Defendant driven a B-hand car while under the influence of alcohol content of about 0.097% from the 1km section of approximately 1km to the lower distance from the middle school located in about 1km in the direction of 1km to the lower distance from the top of the middle school in the direction of 274 Donnam Eup/Myeon in the direction of the direction of the Gunnam-nam.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) Defendant is a person engaged in driving a motor vehicle at the above low price.

On December 27, 2017, the Defendant driven the said car under the influence of alcohol as set forth in No. 1, 20:21 on December 27, 2017, and led the front distance from the said lower-way middle school to the front side of the said lower-way middle school from the upper side of the road.

Since there is an intersection where a signal is installed, a person engaged in driving of a motor vehicle has a duty of care to prevent an accident in advance by complying with the traffic signal and by accurately manipulating the brake and steering gear after he / she saw the front side and the right side of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to follow the traffic signals and neglected to follow the traffic signals and neglected to follow the traffic signals, was a victim C(17 tax) who was a victim C(17 tax) who was working on the 5rd side in the remote area from the 8rd area of Lela to the 5rd area of Lela, and was driving on the front side of the said car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the opening frame of the left-hand body body in need of approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. An accident scene photograph;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)3 and 44(1) (the point of drinking alcohol and the choice of imprisonment), Article 3(1)1 and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 148-2(2)3 and 44(1) of the Road Traffic Act concerning criminal facts.

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