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(영문) 수원지방법원 평택지원 2017.06.28 2016고단2749
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. The Defendant is a person who is engaged in driving a car BK3 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 23, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.148% during blood transfusions on October 23, 2016, and led the road of two-lanes in front of the Ansan Park in Ansan-si, Asan-do, Alsung-si, to the speed of 1-lanes from the side of the Ansan Police Station.

At this point, there was a duty of care to look at the surrounding areas and prevent accidents in advance by driving in line with the direction of the driving.

Nevertheless, the defendant neglected the alcohol while entering the opposite lane and proceeded along the opposite lane due to the reverse negligence, so that the victim C(25 cc) driving, who was driving along the opposite lane, was forced to drive the DV in order to avoid a conflict with the passenger car of the defendant.

Ultimately, the Defendant suffered injury, such as salt dynasium, which requires approximately two weeks of medical treatment, from the victim due to such occupational negligence.

2. Violation of traffic Acts on roads;

A. On October 23, 2016, the Defendant driven B K3 cars while under the influence of alcohol with approximately 0.148% alcohol concentration in blood at a section of approximately 100 meters around the road near the 100-meter road near the Masan Park Parking Site, Al-U.S. Park, which is located in the Masan-dong, Simsan-dong on October 23, 2016.

B. On October 23, 2016, the Defendant driven B K3 cars under the influence of alcohol content of about 0.162% at the 2km section from the central district zone in the Ansan Police Station located in Ansan-si, to the roads located in Ansan-si Do Eup before the extension store in Ansan-si Do Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on each actual condition;

1. Statement of the circumstances of the driver involved in driving;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating driving of alcohol;

1. A medical certificate;

1. Application of each statute on photographs;

1. Each of the relevant Articles of the Act concerning the facts of crime;

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