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(영문) 수원지방법원 성남지원 2016.01.07 2015고단2587
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for eight months;

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a BAD car.

On October 31, 2015, the Defendant driven the said car under the influence of alcohol level of 0.093% among blood transfusions on October 31, 2015, and led to the flow of the said car from the Baeama tunnel in Gyeonggi-si, Yangju-si, and from Gwangju-si.

It is a tunnel, and at the time, the victim C Driving D's low-speed car was in progress in the future of the defendant's car, so in this case, the driver of the vehicle has a duty of care to take a front door well and to observe the safety distance with the vehicle driving vehicle.

In this regard, the Defendant, while under the influence of alcohol, neglected to do so, received the following parts of the said low-speed car from the Defendant as the front portion of the Defendant’s car.

After all, the defendant suffered from the victim E, who was on the part of the victim's vehicle due to the above occupational negligence, about two weeks of multi-pactlock in need of medical treatment, sulphical salt and tensions, and about two weeks of medical treatment to the victim F, who was on the above vehicle, the victim F, who was on the part of the above vehicle, respectively.

2. On October 12, 2007, the Defendant has a record of being sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking) at the Seoul Eastern District Court (Seoul Eastern District Court) on October 12, 200, and a fine of KRW 2 million for the same crime in the support of water source method and the Sungnam on February 6, 2013.

On October 31, 2015, around 07:17, the Defendant driven a B-A-di car while under influence of alcohol leveling 0.093% of alcohol level from the French-si in Gwangju-si to the place of accident described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

2. C’s statement;

3. Notification of a survey report on actual conditions and the results of regulating drinking driving;

4. Each written diagnosis;

5. Previous convictions: Application of Acts and subordinate statutes governing criminal history.

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning criminal facts.

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