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(영문) 수원지방법원 안산지원 2019.07.12 2019고단1696
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On April 11, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for special intimidation in Ansan District Court’s Ansan Branch on April 11, 2018, and completed the execution of the sentence on August 28, 2018.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a B K7 car.

On April 8, 2019, the Defendant driven the said car while under the influence of alcohol of 0.149% of blood alcohol level around 07:15, and led to the speed of about 60km of speed in the direction of D in the direction of D in the direction of the city, depending on the three-lane road in front of the C apartment distance in the Gyeonggi Egypt City.

At this point, the signal apparatus was installed, so in such a case, there was a duty of care to prevent accidents by driving the vehicle according to the signals as the signal apparatus is well known to the person engaged in driving the vehicle and by driving the vehicle according to the signals as directed by the signal apparatus.

Nevertheless, the Defendant neglected this due to the negligence of violating the signal signal of red signal and proceed to a direct progress, which led directly from the right side of the proceeding direction to the left side of the victim E(39 years old) driving in accordance with the new code, was shocked into the front part of the Defendant's vehicle.

As a result, the Defendant suffered from the victim’s multiple scopic typology, which requires approximately three weeks of treatment, due to the above occupational negligence.

2. On April 8, 2019, at around 07:15, the Defendant: (a) driven a B K7 vehicle while under the influence of alcohol with a blood alcohol concentration of about 0.149% from the 1km section up to the roads of the H Hospital located in G in G at the time of Gyeonggi-si to the same roads in front of the death distance of the C apartment in the city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, actual condition investigation report;

1. An accident site, a photograph of the vehicle, and related photographs;

1. A medical certificate;

1. A written appraisal of blood alcohol;

1. Previouss before judgment: Criminal history records;

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