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(영문) 수원지방법원 평택지원 2018.05.04 2017고단2384
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal history] On December 11, 2008, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Suwon District Court's House on December 11, 2008; on March 4, 2009, the Defendant was sentenced to imprisonment for the same crime in the same court on March 4, 2009; on October 10, 2013, the Defendant was sentenced to imprisonment for 6 months and 2 years for the same crime in the same court.

[Criminal facts] The Defendant is a person engaging in driving a rocketing car.

On November 24, 2017, the Defendant driven the said car under the influence of alcohol content of 0.087% in blood around 20:10 on November 24, 2017, and led to an intersection of the blind distance in front of the leased house located in the village 52 in Pyeongtaek-si Eup, Pyeongtaek-si, Dong-dong, to drive the said car toward an elementary school on the distance of the apartment house in Young-dong.

At the time, there was a person who was on the side at night, and there was a person who was on the side at that time, so in such a case, there was a duty of care to prevent the accident by accurately manipulating the front and right and the right and the right and the right and the right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was unable to avoid the victim C (the 54 years old) who was on the side of the road adjacent to the crosswalk of the street crossing in front of the leased house due to the negligence of neglecting it, and was placed on the left-hand bridge of the victim due to the front of the said car.

As a result, the Defendant suffered injury to a victim who driven a car while under the influence of alcohol, even though he had been punished not less than twice due to drinking, due to negligence of driving a car while under the influence of alcohol, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Each photograph;

1. Previous Records: References to inquiries and investigation reports (Attachment to the previous decisions, etc.) shall be applied by the Act and subordinate statutes.

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