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(영문) 수원지방법원 여주지원 2019.03.22 2018고단1216
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for nine months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a B earth car.

On September 22, 2018, the Defendant driven the said car at a speed of about 40km per hour among the two-lanes of the two-lanes in the direction of the passage of the middle-sized Highway, which is located in the sub-section Hacheon-ri, South Busan Metropolitan City, the sub-section 350.5km, which is located in the sub-section n.e., the lower court, at a speed of about 40km.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle and to prevent the driver from driving the motor vehicle at a speed or in a manner that may cause any danger and injury to others according to the road traffic situation and the structure and performance of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.153%, neglected to perform such duty of care as a 0.153% while driving the said vehicle, was negligent in driving the said vehicle, and received the part of the victim C(the age 41) driving before the second line of the same direction from the victim C(the age 41).

The Defendant, by such occupational negligence, sustained injury to the victim C, such as salt, tensions, etc. in the light of the trend that requires approximately two weeks of medical treatment, and suffered injury to the victim E (the 35-year-old passenger) who is a passenger of K5 passenger car, for approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) in G located at the Hannam City F, Nam-si, Nam-si, Nam-si, Gwangju, to the point of the middle-west Highway which was located at the lower Doncheon-si, Nam-si, Gwangju, the Defendant driven a B earth and a car under the influence of alcohol content of about about 10 km from the 10km section to the point of the middle-west 3 tunnel, which was about 0.153 % of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written statement of the occurrence of a traffic accident C;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts

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