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(영문) 수원지방법원 성남지원 2017.04.13 2017고단252
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 December 29, 2016, the Defendant violated the Road Traffic Act (drinking) driving a C Mtz car in the state of alcohol alcohol concentration of about 0.073% while under the influence of alcohol at about 8km from the roads near Gwangju-si, Gyeonggi-si to the end of the 366 short distance distance in front of the city of Sungnam-gu, the Gyeonggi-do.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a day border and the above M&A car set out in paragraph 1, and driven the front road of the large distance set out in paragraph 1, along the two-lanes of the two-lanes of the two-lanes from the boundary of the new interest distance to the boundary of South Korea.

In this case, the driver of a motor vehicle has a duty of care to take the right and the right and the right and the right and the right and the right and the right of operation of the motor vehicle in an accurate manner to prevent the accident.

Nevertheless, the Defendant neglected to do so, while trying to change the lane into three lanes with alcohol content of 0.073% in blood, the victim D(27 ) who was proceeding on the same side as the other side of the EK5 car driven by the Defendant and continued to move to the left side of the Defendant’s center and move to the left side, and received the part back to the right side of the Gk5 car driven by the victim F.F (36 years old) in the atmosphere signaled by the Defendant at the two lanes above the Defendant’s center.

Ultimately, the Defendant suffered from the injury such as the victim D, the victim H (26 tax) who was on board the said K5 car due to the above occupational negligence, and the victim F with approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, H and F;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

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

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2) proviso 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation on duty and on duty) and the Road Traffic Act concerning criminal facts.

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