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(영문) 수원지방법원 안산지원 2019.02.19 2018고단4683
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Criminal power is a person who was sentenced to 6 months of imprisonment with prison labor or 2 years of suspended execution for a violation of the Road Traffic Act in the Gyeyang Branch of the Suwon District Court on December 9, 2009, and was sentenced to a fine of 4 million won by the same court on March 2, 2012 and received a summary order of 4 million won for a violation of the Road Traffic Act in the same court.

Criminal facts

1. The defendant is a person who is engaged in driving a vehicle BM3 in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 17, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.160% of alcohol concentration of 07:35, and driven the above vehicle at a 0.160%, and driven the first road of the front C in front of C at a non-speed speed from the sking to the Sinho Lake at the direction from the sking to the sking, and made it left the right turn to the left at the intersection of the front of the third parallel of Gun.

At the time, there are vehicles standing in the front of the defendant's driving direction, so in such a case, the driver of the vehicle has a duty of care to accurately operate the steering gear and brake system of the vehicle and to prevent the accident in advance by safely driving the vehicle.

Nevertheless, due to the negligence that the Defendant was unable to accurately operate the steering gear under the influence of alcohol, the Defendant’s left-hand turn shocked and continued the boundary line of the Defendant’s moving direction to the front part of the Defendant’s moving direction, and the rear part of the victim D(38 years old)’s driving, which was at the front side of the Defendant’s moving direction, was shocked by the front part of the Defendant’s driving vehicle at one-lane in the front direction of the Defendant’s driving direction, and the said Poter II truck conflict with the front part of the said Poter II while the said Poter II truck was pushed down in the future due to its shock, and the front part of the Poter II truck, which was stopped in the front, conflict with the front part of the said Poter II.

Ultimately, the Defendant’s occupational negligence requires approximately two weeks of treatment to the victim.

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