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(영문) 수원지방법원 성남지원 2017.12.21 2017고단2939
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 engaging in driving a QM5 car.

1. On September 23, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said QM5 car with alcohol concentration of 0.065% in blood around September 23, 2017, while driving the said QM5 car at around the 0.065%, leading the road bend one lane in front of the flower sales store in Gyeonggi-si, Gwangju-si, to the 50km speed from the middle distance towards the luminous ri-ri speed.

At the time, the road was bended by night and at the center where the center line is installed. In such a case, there was a duty of care to prevent accidents in advance by safe progress by reducing speed to the person engaged in driving a motor vehicle and by checking the front, rear and left well.

Nevertheless, the Defendant neglected to do so and brought up the front part of the E-learning Motor Vehicle driven by the victim D (M, 64 years old) who was driving in the opposite part of the central line due to the negligence of the Defendant, with the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the above occupational negligence on the part of the victim D, the injury of the body of the first bones of mady in need of treatment for about five weeks, and the injury of the victim F (68 years of age) who was the victim of the victimized vehicle, such as four or more cage cage cages that require approximately six weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said QM5 vehicle under the influence of alcohol with approximately 0.065% alcohol concentration in blood from the section of about 5km from the front of the “Yaju District Office of Education in the Yaju-si, Yaju-si, Gwangju-si, to the site of accident under paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and D;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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 (occupational and dental duty).

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