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(영문) 수원지방법원 안양지원 2018.04.12 2017고단2210
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 October 27, 2017, the Defendant was driving a B rocketing car under the influence of alcohol leveling 0.131% from the 7km section of around 07:00 to the front road of the post office distance at the Dong-dong, Sinpo-si, Sinpo-si, Sinpo-si.

2. On October 27, 2017, 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 rocketing car in a speed of about 30 km per hour, depending on two lanes, while driving the said rocketing car at a speed of about 0 km.

In such cases, the defendant who is engaged in driving of a motor vehicle has a duty of care to take into account the front side and the left side well and to accurately manipulate the steering gear and prevent the accident in advance.

Nevertheless, the Defendant neglected this and went into operation on a one-lane by negligence, and brought up the right-hand part of the passenger car in the front part of the Defendant’s vehicle E(49) driving by the victim E(49). After the Defendant’s vehicle, the lower part of the F Poter freight driven by the Defendant’s vehicle was shocked with the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim C and the victim G (S) who is a driver of a low-speed car, who is a driver of a high-speed car, due to the above occupational negligence, for about two weeks of medical treatment, such as brain finites, etc., each of which requires two weeks of medical treatment, injury to the victim E and the victim H (SV) who is a driver of a Poter cargo vehicle, who is the driver of the Poter cargo vehicle, for the victim E and the passenger of the Poter cargo, for two weeks of medical treatment, and injury to the victim I (SV) such as finites that require two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written statement of C and G;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning criminal facts

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