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(영문) 수원지방법원 안양지원 2017.05.30 2017고단446
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

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

On February 9, 2017, the Defendant driven the nived vehicle with alcohol content of 0.138% in blood at around 01:05, while under the influence of alcohol, and driven the nived vehicle from the nives of the D hotel located in Mapo City C, Militaryposi, along the three-lane road in front of the D hotel located in Mapo City.

Since there are three-distance crossings where signal apparatus is installed and there are preceding vehicles standing in accordance with the cross-road crossing, the driver of the vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of operation of the vehicle

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop at the front of the running direction of the victim E (29 years old) who was under the influence of the vehicle, was placed in front of the Defendant’s driver’s drive, and due to the shock, caused the said 5 passenger vehicle to be parked in the front part of the Defendant’s drive, the lower part of the said 5 passenger vehicle, which was under the influence of the vehicle, was placed in front of the MF5 vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the above victims E, such as light dynasium, etc. requiring approximately two weeks of medical treatment, and inflicted injury on the victim G, such as salt dynasium and tensions, and other parts of synasium and tension in need of medical treatment for about two weeks, and suffered injury, such as light dynasium and tensions, which require approximately two weeks of medical treatment to the victim I (57 years of age) who is a passenger of the said rocketing passenger car.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of subparagraph (E), written diagnosis (G), and written diagnosis (I);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso of 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 (the injury caused by occupational negligence).

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