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(영문) 수원지방법원 성남지원 2013.06.13 2013고단796
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a BM7 car.

At around 22:50 on April 12, 2013, the Defendant driven the said car under the influence of alcohol concentration on the blood alcohol concentration, and proceeded at a speed of about 20 km for a speed of about 20 km in Seoul from the right edge to the right edge of the road in front of the road in the vicinity of the ductan-gu, Sungnam-si.

At the time, the vehicle was at night and at a large speed, so there was a duty of care to prevent accidents in advance by driving the vehicle in a safe manner by accurately operating the front section, the left part, and the steering system.

Nevertheless, the Defendant’s negligence, while under the influence of alcohol, is proceeding ahead of the same direction in the same direction.

The part of the victim C(25 years old) driving, which was temporarily stopped due to the vehicle's fixed body, was carried out as the part of the Defendant's driver's driving for the passenger vehicle in front of the MF7 vehicle.

Ultimately, the Defendant by occupational negligence inflicted an injury on the victim C with base and tension for about two weeks, and upon the victim E (the 27-year-old age-old) who was on board the said high-est car, the Defendant suffered from the injury of base and tension for about two weeks, respectively.

2. On April 12, 2013, from around 23:29 to 23:59 of the same day, the Defendant violated the Road Traffic Act (Refusal of measurement) and, as described in paragraph (1) at the Gyeonggi Sungnam Police Station, was investigated into a traffic accident by a vehicle driven by the Defendant as stated in paragraph (1) at the Gyeonggi Sungnam Police Station, and there are reasonable grounds to recognize that the Defendant was making a drinking test at intervals of 10 minutes from the slope belonging to the said police station, on the ground that there is a considerable reason to recognize that the Defendant was making a drinking, such as making a redlight on the inside of the Defendant while carrying the vehicle in which the car driven by the Defendant was involved, and driving the vehicle on the part of the Defendant, and

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