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(영문) 수원지방법원 성남지원 2019.10.15 2019고단2062
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:30 on June 23, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) went through the intersection of blood alcohol content of 0.144% in front of the C apartment located in Gwangju City, Gwangju City, at the front parking lot of the “D” restaurant located in Gwangju City, while driving the E TRa XG car in front of the restaurant owned by the Defendant.

In such cases, drivers engaged in driving service have a duty of care to keep accidents in advance due to the safe progress while driving service providers have a duty of care.

Nevertheless, the Defendant neglected the duty of follow-up drinking and brought back the victim FF (the 49 years of age) who stops in the atmosphere of the signal signal at the above intersection as they were, and brought down the G G G G G G of the f (the 49 years of age) to the right-hand air of the Defendant’s car volume left-hand one.

As a result, the Defendant suffered, by negligence, injury to F drivers of damaged vehicles, such as salt, tension, etc. of the bones of trees, which requires medical treatment for about two weeks, injury to the victim H (V, 49 years of age) who is the same passenger of the same vehicle, such as salt, tension, etc. of the bones of trees, which requires medical treatment for about two weeks, and injury to the victim I (V, 44 years of age) who is the same passenger of the same vehicle, such as salt, tension, etc. of the bones of trees, which requires medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the same time and place as paragraph (1) of this Article, while under the influence of alcohol with a blood alcohol concentration of about 0.144% from the parking lot in front of the “D” restaurant in Gwangju City to the vicinity of the C apartment shooting distance, the Defendant driven the etra XG car volume owned by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to the traffic accident prepared F;

1. Each written diagnosis;

1. Report of a traffic accident (1) and report of the occurrence of a traffic accident, report on the circumstantial statement of a drinking driver, and notification of the results of the regulation of drinking driving;

1. Photographs or accident site photograph;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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