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(영문) 수원지방법원 안양지원 2018.02.22 2017고단2167
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

[criminal history] On October 29, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act from the Suwon Friwon on the ground of a violation of the Road Traffic Act.

[Criminal facts]

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle B.

On October 21, 2017, the Defendant driven the above Abeon vehicle with a alcohol level of 0.112% in alcohol level around 23:30 on Oct. 21, 2017, while driving the said Abeon vehicle and driving it on a speed of about 20 kilometers at the speed of about 30 kilometers in front of the Gu C, while driving it at the speed of about a speed of 20 kilometers in front of the city. The Defendant turn to the right in front of the foregoing Hoon distance from the direction of the new engineer distance.

In such cases, there was a duty of care to make a left-hand turn after checking the right-hand side and left-hand side prior to the left-hand turn and checking the safety of the career.

Nevertheless, the Defendant neglected this and went to the left at a two-lane in the same direction as the Defendant, while driving the two-lane in the same direction as the Defendant, and left to the left, received the victim D (the age of 37), following the left-hand side of the E-learning Vehicle, etc. of the victim D (the age of 37), and received the above penter and the above penter, etc.,

Accordingly, the Defendant suffered injury to the victim, such as salt, tension, etc. of the species that require approximately two weeks of treatment due to such occupational negligence.

2. On October 21, 2017, the Defendant violated the Road Traffic Act (divated driving) driving a B-be motor vehicle owned by the Defendant under the influence of alcohol leveling 0.112% from a section of about 34 km up to the front road of the Gu, both from the 34 km section, up to the slowly c in front of the Gu, through the flow of the road near the small river, in a manner of under the influence of alcohol leveling 0.30%.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. A written appraisal;

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (occupational duties)

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