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(영문) 수원지방법원 2018.01.17 2017고단7800
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The defendant is engaged in driving a spke vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 2, 2017, the Defendant driven the above car at around 07:00, and proceeded with the two-lane road from the 116-24-on Sin-si, the wife population flow 0.157% under the influence of alcohol during blood, as the Defendant driven the above car at around 07:0,000, at the speed of 30-40km per hour, due to the malfunction from the tamp distance room.

Since there was a center where the center line was installed, the person engaged in the driving of the motor vehicle has a duty of care to see the side and drive the motor vehicle safely with the vehicle line.

Nevertheless, the Defendant neglected to do so, while under the influence of alcohol, led the victim C(64) driving with the opposite lane due to the negligence in the course of the business, and led the victim C(64) driving on the opposite lane to the front of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, suffered from the fluoral cumum in need of approximately two weeks of treatment to the above victim C, and suffered from the fluoral cumum in need of approximately three weeks of treatment to the victim E (the 62 years old, female) who moved in the fluoral cum of the vehicle.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said car over about 3km from the date and time set forth in paragraph 1, and over 0.157% of alcohol concentration in blood while under the influence of alcohol, the Defendant driven the said car over a distance of about 3km from the mutual influent road near a Ri located in the glue-Eup in the glue population to the place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A traffic accident report (on-site investigation report), accident scene photograph, and each diagnosis report (C and E);

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of drinking);

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

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