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(영문) 수원지방법원 2019.05.09 2018고단6891
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a motor vehicle B NAS Scoo.

At around 04:20 on June 19, 2018, the Defendant, without a driver’s license, driven the said car while under the influence of alcohol with 0.205% of the blood alcohol concentration, led the Defendant to drive the said car in front of the D restaurant located in Suwon-gu C, Suwon-si, to drive the said car in a non-private distance from the direction of the viewing distance.

At the time, the victim EF franchise is at night and at the rear, and thus, the driver of the motor vehicle is at the time, so the driver of the motor vehicle is obliged to accurately operate the steering system, brake and other devices of the motor vehicle, and the driver of the motor vehicle is obliged to report the traffic situation well and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant failed to verify the free-to-land vehicle due to the negligence in the course of business, while neglecting it under the influence of alcohol, and the Defendant shocked the back part of the said free-to-land vehicle with the back part of the said free-to-land motor vehicle.

As a result, the Defendant suffered injury to the victim, such as fluoral salt and tension, which requires approximately two weeks of medical treatment due to such occupational negligence, and at the same time damaged the fluor's car to have approximately KRW 775,830 of repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. E statements and written confirmation of investigation processes;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Notification of records of measurement of drinking alcohol and results of the regulation of drinking driving;

1. An accident site and a photograph of an accident vehicle;

1. A medical certificate;

1. Application of the written estimate for vehicle repair;

1. Article 3 (1), the proviso of Article 3 (2) 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 153 of the Road Traffic Act, Article 151 of the Road Traffic Act concerning criminal facts;

1. The Commercial Concurrent Crimes Act.

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