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(영문) 수원지방법원 안산지원 2019.08.09 2019고단1803
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

On February 21, 2019, the Defendant driven the said car under the influence of alcohol at 0.077% of blood alcohol level around 07:59, and got to turn to the left at the E Hospital at the intersection where a non-protection line sign is installed, while the Defendant driven the said car at a speed that would not be known by one-lane from D to the inside of the city at a speed that would not turn to the left.

In this case, a driver of a motor vehicle has a duty of care to care in advance to prevent accidents by properly manipulating the steering direction and brakes so that it does not interfere with the normal traffic of other motor vehicles in the opposite direction while under the influence of alcohol.

Nevertheless, while the Defendant neglected to take a breath and did not properly look at the front side while making a left-hand turn at a non-protective left-hand turn due to negligence, the part of the victim F (W 25 years old) who was driving by the victim FF (W 25 years old) who was holding the intersection in accordance with the new subparagraph was shocked with the front part of the car operation in the above SM3 car.

As a result, the Defendant suffered injury to the victim F by occupational negligence to the victim F, who did not have any open room within four weeks of medical treatment, and at the same time suffered injury to the victim H (V, 22 years of age) of the said passenger car in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Notification of the results of the control of drinking driving, the report on the state of drinking drivers' state statement, investigation report (report on the state of drinking drivers), and output of the results of the measurement of smoking measuring instruments;

1. A traffic accident report (1) (2);

1. Each medical certificate and each written confirmation of release on admission;

1. Application of statutes on site photographs;

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

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