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(영문) 수원지방법원 2018.04.18 2017고단8427
교통사고처리특례법위반(치상)등
Text

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

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 10, 2017, the Defendant violated the Road Traffic Act (drinking) operated a car in C Spo-type under the influence of alcohol content of 0.096% while under the influence of alcohol content 0.096% from the vicinity of the Suwon-si 2 Dong community service center in Suwon-si, Suwon-si to the vicinity of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the long distance near the Suwon-si, Suwon-si, Suwon-si, Suwon-si.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is engaged in driving of a car in the C Spanpo Zone.

On November 10, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.096% in blood at around 14:05, and continued to drive the above vehicle under the influence of alcohol, according to four-lanes in the vicinity of the remote distance in Suwon-dong, Suwon-dong, Suwon-dong, Suwon-dong, Suwon-dong, the Defendant was driving the vehicle under the influence of alcohol.

It is a place where a crosswalk is installed, and in such cases, the driver of the vehicle has the duty of care to check whether there is a person to build the crosswalk by reducing the speed and by properly examining the right and the right and the right of the driver of the vehicle.

Nevertheless, the defendant neglected this and proceeded as it is, and the defendant did not see the victim D (the age of 76) who cross the crosswalk from the right side to the left side, and received the front part of the defendant's vehicle.

Defendant 1 suffered injury to the victim, such as the pressure 1st century, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the detection of a driver engaged in driving, a report on the measurement of drinking alcohol, or a report on the circumstances of the driver engaged in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3 (2) (proviso) 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation of drinking alcohol and the selection of imprisonment with prison labor) concerning criminal facts;

1. The aggravated Criminal Act for concurrent crimes.

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