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(영문) 수원지방법원 안산지원 2019.02.21 2018고단4012
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person who is engaged in driving a brand-low driver car

On November 9, 2018, the Defendant driven the above car at a 00:05, and driven the front road of the members of Ansan-si, which is located on the side of the D apartment, at an irregular speed between the three lanes from the D apartment, and got to turn to the left at the distance of the grassland.

At this point, traffic control by signal, etc. is a private-distance intersection, so a person engaged in driving of a motor vehicle has a duty of care to safely proceed in accordance with the signals and prevent the accident from occurring.

Nevertheless, the Defendant, while under the influence of alcohol content 0.135%, was under the influence of alcohol, failed to ignore and turn to the left by failing to reach the left, led the victim E (the age of 59) who was under the direct operation of the F taxi driving car in line with the new line from the edge of the steering line of the F taxi driver car of the victim E (the age of 59) who was under the influence of the Defendant.

Ultimately, the Defendant suffered from the victim’s salt, tensions, etc. in need of approximately two weeks’ treatment due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a B-low-income car under the influence of alcohol with approximately 00 meters of alcohol concentration of about 0.135% from the section of about 100 meters to the front road of the member-gu G apartment in Ansan-si, Ansan-si, Seoul-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Reports on each traffic accident, reports on the state of drinking drivers, and reports on the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1), the proviso of Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 268 of the Road Traffic Act, and the Road Traffic Act.

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