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(영문) 수원지방법원 2019.06.13 2019고단1338
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around March 12:48, 2019, the Defendant driven the EITI100 Orba in a state of under the influence of alcohol 0.163% of blood alcohol concentration at a section of about 500 meters from the front of the Suwon-si B apartment in Suwon-si to the front of D in the same Gu C, which is located in the same Gu C.

2. The defendant is a person who is engaged in driving service with CITRI100 on the part of the defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The defendant, while under the influence of alcohol concentration of 0.163% at the time and time as stated in paragraph (1), driven the above otoba, and proceeded with the D front intersection in Suwon-gu C from the b apartment bank to the private distance of the inside of the Gu/Sitting-gu.

Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely proceed in accordance with the signals and prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left at the red signal, was negligent in the course of his duties, and the victim F (55 years old) driven by the victim F (55 years old) who was a U.S. in line with the new line in the direction of the Defendant’s proceeding, was shocked into the front part of the U.S. rocketing taxi driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. F's statement of traffic accident-related person;

1. The actual condition survey report;

1. Notification of the results of the drinking driving control and the drinking-measurement;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the main driving point, the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational injury, the selection of imprisonment without

1. The Criminal Act among concurrent crimes.

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