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(영문) 수원지방법원 성남지원 2019.03.28 2019고단86
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

The defendant is a person who is engaged in driving a B-hand vehicle.

1. On January 3, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car while under the influence of alcohol concentration of 0.132% on blood alcohol level on January 3, 2019, and proceeded four lanes in the direction of the sperm station in the direction of the gold station.

In this case, the driver has a duty of care to properly see the front left and accurately manipulate the steering and brake system to prevent the accident.

Nevertheless, the Defendant neglected this and, as seen above, went through negligence while under the influence of alcohol, and the victim D (hereinafter referred to as 46 years old) who was under the influence of the signal waiting in the front of the sea bed, conflict with the part concerning the panion in front of the vehicle.

As a result, the Defendant suffered injury, such as background, saved salt, tension, etc., which requires approximately three weeks of medical treatment from the victim by occupational negligence.

2. On August 23, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Sung-nam branch of the Suwon District Court on the grounds of a violation of the Road Traffic Act, and a fine of four million won for a violation of the Road Traffic Act at the Suwon District Court on September 11, 2013.

The Defendant, like the foregoing 1. The Defendant, at the vicinity of the Ginam-si Station in Sungnam-si to the place referred to in the above 1.1. paragraph, driven the said lux in the state of alcohol 0.132% under the influence of alcohol in the blood alcohol concentration from around approximately one kilometer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A medical certificate;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. On-site photographs;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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