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(영문) 수원지방법원 안양지원 2018.09.13 2018고단1042
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 5, 2018, the Defendant was under the influence of alcohol leveling 0.125% from the section of approximately 40km to the point of 119.7KM on the roads of the 258 lub trees apartment apartment, a Gu in Ansan-si, from May 21, 2018, the Defendant driven a C low typ car while under the influence of alcohol leveling about 0.125% from the section of the Seoul and the 40 km-dong Highway to the point of 119.7KM.

2. On May 5, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol level of 0.125% during blood transfusion on May 21, 2018, and led the Defendant to drive the said car at a speed of about 60 km per hour depending on three lanes for the roads of four lanes at the point of Seoul, other than Seoul, the 119.7KKM, located in the Cheongang-si, Cheongdo-dong.

At the time, since it is at night, there was a duty of care for those engaged in driving of motor vehicles to see the right and the right and the right and the right, and to accurately operate the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and received the back portion of the EA7 car that was driven by the victim D(41) who was driving in front of the Defendant’s vehicle driving in front of the right side of the car driven by the Defendant.

After all, the Defendant suffered from the injury of the victim D and the F (the age of 25) who is the passenger of the Defendant due to the above occupational negligence, such as salt, tension, etc. in need of approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

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

1. Notice of the result of crackdown on driving drinking;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving under influence of alcohol) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The punishment of imprisonment without prison labor shall be imposed on the crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents;

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