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(영문) 수원지방법원 성남지원 2019.08.14 2019고단1258
교통사고처리특례법위반(치상)등
Text

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

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. On May 9, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving B Cost Corpex 0.123% of alcohol content while under the influence of alcohol around 18:10 on May 9, 2019, and driving the front road D located in Sungnam-si C in Sungnam-gu, Sungnam-si, the direction towards the long distance from the long distance room in the mother market.

Before the same direction, the victim E(n, 40 years old) followed the F K5 car driven by the victim E, and therefore, the driver had a duty of care to accurately operate the steering and steering gear according to the traffic signal and to safely proceed by controlling the speed in advance.

Nevertheless, the defendant neglected this and did not discover the above K5 car standing in the signal air from the front bank, and received the front side of the above K5 car with the Lone Star Cornex which the defendant drives.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as salt, tensions, etc. in light of the influence that requires approximately two weeks of medical treatment, and suffered injury on the victim G (Y, 35 years of age) who was on the said K5 car, in light of the detailed unknown part of the fingers requiring medical treatment for about one day.

2. The Defendant was under the influence of alcohol 0.123% of the blood alcohol concentration as stated in paragraph (1) of the Road Traffic Act, and the Defendant was driving the said Lone Star car at a section of about 50 meters from the first road in Sungnam-gu, Sungnam-si, Sungnam-si, to the D’s front road located in Sungnam-gu, Sungnam-si, Sungnam-si C.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each written diagnosis;

1. Notification of the survey report on the actual condition, the report on the status of driving under the influence of alcohol, the report on the circumstantial statement of a driver under the influence of alcohol and the control of drinking;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1), proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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