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(영문) 수원지방법원 성남지원 2017.04.13 2017고단192
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. On December 3, 2016, the Defendant is in violation of the Road Traffic Act (driving alcohol) and is in violation of the Road Traffic Act at the Chang-dong 360-1, Sungnam-dong, Sungnam-dong 32:30 on December 22:30.

From 22:40 on the same day before the hotel of Ptopy, B rocketingn car was driven under the influence of alcohol content of approximately 700 meters in the section of approximately 0.136% in blood to the pre-road of the windowtic 394-8, Sungnam-si, Sungnam-si, Changnam-si.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car of rocketing siren.

On December 3, 2016, the Defendant driven the above car at around 22:40 on December 3, 2016, and pushed the road front of the Changdong 394-8, Sungnam-gu, Changnam-gu, Changnam-dong.

In order to turn to the left at the seat of the hotel of Ptopy, it was stopped on one lane in accordance with the stop signals.

At that time, the Defendant was stopping after the victim C(55) rocketing taxi, and thus, the Defendant had a duty of care to accurately manipulate the steering gear and brake system to prevent the accident in advance.

Nevertheless, under the influence of alcohol as described in Paragraph 1, the Defendant, while neglecting it, was negligent in driving by the Defendant at his own fault, received the part of the victim’s rocketing taxi back part of the front part of the said rocketing car.

Ultimately, the Defendant caused the victim’s injury such as salt, tension, etc. in need of approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting of a traffic accident (1) (2);

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

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

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Article 148-2(2)2 and Article 44 of the Road Traffic Act.

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