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(영문) 수원지방법원 성남지원 2018.03.29 2018고단83
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

The defendant is a person who is engaged in driving a BMW320d car.

On December 6, 2017, the Defendant driven the said car under the influence of alcohol content of 0.145% in blood around 00:01, while driving the said car, and led to the flow of the road in front of the 2522-lanes in the direction of Sungnam-gu in the direction of Sungnam-gu in the direction of Sungnam-gu along the two-lanes between the two-lanes in the direction of Gwangju.

At the time, there are nights and vehicles going on the two lanes at the time, so in such a case, there was a duty of care to drive a person engaged in driving a motor vehicle with a duty of care to ensure that the person engaged in driving a motor vehicle is well aware of the traffic situation on the front left

Nevertheless, the Defendant neglected to do so and neglected to perform the duty of prior left-hand and right-hand driving under the influence of alcohol, and failed to drive along the two-lanes by negligence, and received the back-hand part of the D-W320d car driving on the left-hand part of the D-W320d car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the above victim C, such as brain salvin, which requires a treatment for about three weeks, and injury to the victim E (the 49-year old) who was on the above salvinal car, which requires a treatment for about two weeks, and suffered injury to the victim FF (the 54-year old) who was on the above salvinal car in need of a treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of C, E, and F;

1. Each written diagnosis;

1. Investigation report on actual traffic accidents, notification of the results of crackdown on drinking driving, and application of Acts and subordinate statutes to photographs on accident scene;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (each. ..).

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