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(영문) 수원지방법원 성남지원 2017.12.14 2017고단2779
교통사고처리특례법위반(치상)등
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

1. On September 30, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a BKaman car with alcohol concentration of 0.151% in blood and continued to drive the BKaman car at around 04:20 on September 30, 2017 at around 04:20 on the road in the Gyeonggi-si Gwangju-si, Gwangju-si, the front portion of D, which was located in Gwangju-si, was about 50 km each hour at the flood of the apartment room in both sphers.

At the time, since it is a new wall and an intersection where a signal is installed, there was a duty of care to maintain the safety distance with the front line and the left and right of the driver of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and caused the Defendant’s negligence of driving a stroke while under the influence of alcohol, and the Defendant’s negligence caused the Defendant’s collision with the front part of the Defendant’s vehicle following the Fright Driving Vehicle, which was driven by the victim E (S) who was parked at the front section of the Defendant’s vehicle pursuant to the stop signals.

Ultimately, the Defendant, due to the above occupational negligence, caused the injury to the said E, such as salt, tension, etc. of the bones of wood, which requires two weeks’ medical treatment, and the victim G (the 26-year age), who was the passenger of the victimized vehicle, suffered injury to the said E, such as salt, tension, etc. of the bones of trees, etc. for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said car from the front road of the Yama City in the Gyeonggi-si Eup in Gyeonggi-gu, Gwangju-si, to the front road of the Gyeonggi-si, Gwangju-si, to the front road located in the Gyeonggi-si, Gwangju-si, while driving a alcohol concentration of 0.151% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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