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(영문) 수원지방법원 성남지원 2013.08.08 2013고단1200
교통사고처리특례법위반등
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 April 28, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol of 00:49% of alcohol content, driving a vehicle for CK5 riding at a 0.092% of that of blood alcohol content, thereby increasing the road of four-lane in front of the white-style in front of the white-style in the way of the sloping city in Sungnam-si, Sungnam-si, and making the turn to the left at an insular speed according to one-lane.

Since the location is a three-distance in which traffic signal, etc. are installed, there was a duty of care to safely operate the motor vehicle in accordance with the new subparagraph by accurately operating the operation system and steering gear of the motor vehicle.

Nevertheless, the Defendant neglected this and went to the left on the front red signal while driving while under the influence of alcohol, followed by the victim D (Nam, 45 years old) who was driving in accordance with the straight line in the direction of the shooting distance in the ancient city, and brought to the front part of the vehicle driven by the Defendant.

As a result, the Defendant suffered injury to the victim, such as brain salvins, which requires approximately three weeks of medical treatment, due to the above occupational negligence.

2. On February 14, 2013, the Defendant was sentenced to a fine of KRW 1.5 million by the Suwon District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 5 million was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on June 19, 2013 at the Suwon District Court on March 17, 2013 and a violation of the Road Traffic Act (driving without a license).

Although the Defendant had a alcohol force twice or more as above, the Defendant driven a C-vehicle while under the influence of alcohol with approximately 0.092% of alcohol concentration at approximately 200 meters from the carpet distance in the Seongdong-gu sperm in Sungnam-si at the same time and time as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D. D.

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