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(영문) 수원지방법원 2019.09.27 2019고단3650
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 engaged in driving a passenger car in B SP land.

On June 19, 2019, the Defendant, while under the influence of alcohol around 22:27, the blood alcohol concentration of 0.229%, was driven by the said car, and the two-lane roads in front of the Goungung-gu Seoul apartment was driven by the Defendant at the speed of approximately 50km per hour from D room to the Heung-gu area, depending on two-lanes.

At this point, there was a passenger car in the atmosphere of signal according to the stop signal, so in such a case, there was a duty of care to prevent the accident in advance by properly manipulating the steering direction and brake system to the person engaged in the driving duty.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving the Defendant’s vehicle at the front part of the passenger vehicle in front of the Defendant’s driver’s vehicle and received the part behind the vehicle in front of the victim E (the 56-year-old driver).

As a result, the Defendant suffered from the above occupational negligence to the victim E the injury of salt, tensions, etc., which requires approximately two weeks of medical treatment, and the victim G (the 27 years of age) who is a passenger of the car at the same time, for about seven days of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of B Sti-type car in the state of alcohol alcohol concentration of approximately 0.229% at the 1km section from the Do in front of the parking lot of the Goungung-gu, the Goung-gu, which is located in the Goak-gu, Goak-gu, Goak-gu, the date and time limit set forth in paragraph (1) to the same Gu C apartment intersection

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. Report on traffic accident, and report on the occurrence of case;

1. 112 reported case handling table;

1. Report on the circumstantial statements, investigation report, and notification of the results of drinking control;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act;

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