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(영문) 수원지방법원 2018.08.07 2018고단2761
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On March 9, 2018, the Defendant: (a) driven a B benz car under the influence of alcohol with approximately 1km alcohol level of about 0.216% from the 1km section from the Do in front of the new driving distance in the Young-gu, Suwon-si, Suwon-si to the front of the shooting distance in the same city-based city.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a passenger car of Benz.

On March 9, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.216% during blood transfusions on March 9, 2018, and led to the driving of the said car at a speed of 0.216% in front of the shooting distance in the sphere of the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area of the area adjacent

Since there is an intersection where a signal, etc. is installed, there was a duty of care to reduce the speed for a person engaged in driving service and to safely drive a motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected to perform sob and neglected to do so and received the left-hand part of the victim C(25 Do)'s driving in accordance with the left-hand turn-hand turn-hand from the right-hand side of the running direction to the left-hand side of the Defendant's car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as brain salvin in need of approximately two weeks of medical treatment, and suffered injury on the victim E (25 years) who was accompanied by the said K5 car, for about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition and a report on the detection of a driver engaged in driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 148-2(2)1 and 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts; Article 3(1) and proviso of Article 3(2)1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Articles 3(1) and 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents; the Criminal Act.

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