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(영문) 수원지방법원 안산지원 2016.07.22 2016고단2215
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Punishment of the crime

On November 13, 2014, the Defendant issued a summary order of KRW 1,50,000,000 as fines for the same crime in the case of violation of the Road Traffic Act (drinking) in the support for the development of a water source method, and on April 1, 2015, the Defendant issued a summary order of KRW 1,50,000 as fines for the same crime.

The defendant is a person who is engaged in driving a Party B's car.

1. On May 15, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven the said car under the influence of alcohol content of 0.146% among blood transfusions, and turn to the left from the direction of the Silsan City to the public announcement of the Silsan City.

In such a case, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle in the front line and safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was able to breath the left-hand side of the yellow-ray, and the part of the Eststststun-rayed part of the Eststuna taxi driven by the victim D, who followed the reverse direction, was shocked with the part of the driver in front of the said car.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to such occupational negligence.

2. The Defendant, at the time and place specified in paragraph 1 above, driven the said car at a section of about 20 meters under the influence of alcohol content of about 0.146% in blood at the time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Data from output of drinking alcohol measurement;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to summary orders);

1. Article 3(1) and 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 3(2) proviso of the same Act, Article 268 of the Criminal Act, Article 148-2(1)1 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act (the point of driving under drinking, the point of driving under the influence of alcohol).

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