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(영문) 수원지방법원 안산지원 2018.11.21 2018고단3349
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP area.

On July 1, 2018, the defendant, around 23:50 on July 1, 2018, had one-lane of the two-lanes of the member C located in Ansan-si, Dongcheon-gu, Seoul, as a simulation plane from the area of the gas station in large scale.

At the time, other vehicles are in progress, and the defendant is proceeding in accordance with the following, there was a duty of care to properly kill the front section and the left and left, accurately manipulate the steering and brakes, secure a safety distance, and prevent accidents from occurring.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.153% in blood, neglected to perform the above duty of care and went through as is, caused the Defendant’s negligence to shock the back part of the victim D(25 S) driving in the signal atmosphere at the front of the motor vehicle operated by the Defendant, with the front part of the motor vehicle operated by the Defendant.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as finites, tensions, etc. requiring approximately two weeks of treatment to the victim D, the injury to the victim F (27 years of age) of the finites, tensions, etc. requiring approximately two weeks of treatment to the finites of the damaged vehicle, and the injury to the same passenger G (30 years of age) for approximately two weeks of treatment to the same passenger G (30 years of age).

2. On July 1, 2018, the Defendant: (a) driven a B SP car under the influence of alcohol leveling 0.153% of alcohol level on the front of the “I SP store” road located in Ansan-si, Ansan-si; (b) around 500 meters from the 500-meter section to the front road of the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes, such as written diagnosis;

1. Article 3(1) of the relevant Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental occupation), Article 148-2(2)2 and Article 44 of the Road Traffic Act concerning criminal facts.

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