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(영문) 수원지방법원 성남지원 2020.05.29 2020고단965
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving car B K5 cars.

On March 5, 2020, the Defendant driven the said car while under the influence of alcohol 0.124% of blood alcohol level around 23:25, and led to the intersection of the alley-gu, Sungnam-gu, Sungnam-gu, to proceed to the intersection of the alley-gu, Sungnam-gu, the Gannam-si.

Since there is an intersection without signal apparatus, a person engaged in the driving of a motor vehicle has a duty of care to drive the motor vehicle and prevent the accidents by driving the motor vehicle at the right and right and right.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim E (V) driving from the right-hand side of the Defendant’s proceeding to the left-hand side and did not receive any part of the front left-hand side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to sugar, etc. with no wife in two opens, which require approximately two weeks of medical treatment, due to the above occupational negligence.

2. The Defendant was under the influence of alcohol 0.124% at the time and time set forth in paragraph (1) of the Road Traffic Act, and the Defendant driven the said K5 vehicle from approximately 150 meters at a section of about 150 meters from the front day of Seongdong-gu, Seongbuk-gu, Sungnam-gu to the alley-si, Sungnam-gu, Sungnam-si, Seoul.

Summary of Evidence

1. Defendant’s legal statement and statement in the occurrence of a traffic accident E;

1. Application of Acts and subordinate statutes on the site of an accident, such as a report on the state of driving under drinking, notification on the results of the control of drinking driving, report on the occurrence of a traffic accident, and a medical certificate on the actual condition of survey;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. Aggravation for concurrent crimes;

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