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(영문) 수원지방법원 2014.02.06 2013고단3651
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 03:00 on June 15, 2013, the Defendant driven a car in the column B while under the influence of alcohol of 0.138% of alcohol alcohol concentration between the 1km-gu and the 604-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car in BCo.

On June 15, 2013, at around 03:00, the Defendant, while driving a car in the above column while under the influence of alcohol as described in Paragraph 1, changed the car line into a two-lane while driving the car along the two-lane of the two-lane road near the Gungdong Gungdong Gung-gu New Apartment-dong (Seoul Metropolitan City), which was proceeding along the one-lane from the green sloping-gu boundary to the new one.

At the time, since the vehicle was driven at night and there was a two-lane, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents due to the change of the vehicle line after checking whether there is a vehicle driving on the two-lanes of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim C(27 years of age) driver's car at the time of the change of the tea due to the negligence of the change of the tea, but did not receive the part on the left-hand side of the said car as the part before the right-hand part of the car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim E (year 29) and the victim F (year 27) who was on board the said C and the said Benz’s car by causing approximately two weeks of medical treatment, and at the same time damaged the said Benz’s car to cover KRW 17,510,450, such as the exchange before left-hand side of the said Benz’s car.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Criminal facts;

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