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(영문) 수원지방법원 2017.01.19 2016고단6134
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

"2016 Highest 6134"

1. The Defendant is a person who is engaged in driving of a car DM520.

On September 28, 2016, the Defendant driven the above vehicle while under the influence of 0.208% alcohol during blood transfusions at around 20:19, and proceeded two-lanes of the three-lane road in front of the guidance distance in the Suwon-gu, Suwon-gu, Suwon-gu, Suwon-gu, Suwon-gu, Seoul Special Metropolitan City.

At the same time, the FF car of the victim E(W, 32 years old) was in the atmosphere for the signal signal, so in such a case, the person engaged in driving service has a duty of care to secure the safety distance and operate the front well.

Nevertheless, under the influence of alcohol, the Defendant received the rear part of the victim's vehicle from the front part of the Defendant's vehicle due to negligence while driving the vehicle as it is, and suffered injury to the victim's G (V, 32 years old) who was on board the damaged vehicle for about two weeks of medical treatment.

"2016 Highest 6882"

2. On October 21, 2016, the Defendant driven a DNA SM520 vehicle under the influence of alcohol concentration of about 100 meters from the Defendant’s house located in Suwon-si H at Suwon-si, Suwon-si, to the first street in Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

[2016 Highest 6134]

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis (2016 order 6882);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 148-2(2)1, Article 44(1) of the Traffic Act (the point of drinking), Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence) and Articles 148-2(2)3 and 44(1) of the Road Traffic Act concerning the crime;

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

1. Punishment;

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