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(영문) 수원지방법원 2019.01.15 2018고단5998
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The defendant is a person who is engaged in driving a vehicle B or knife in Grandland.

At around 04:54 September 12, 2018, the Defendant driven the D cafeteria in front of the D cafeteria located in Young-gu, Suwon-si, Suwon-si, in the direction of the shooting distance at each coal elementary school, one-lane between the two-lanes in the direction of Samsung Intersection.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and he/she has a duty of care to prevent accidents in advance by safely driving a motor vehicle in a prior manner.

Nevertheless, the Defendant neglected to do so and negligently driven while under the influence of alcohol 0.234%, and caused the collision between the two lanes and the two lanes, with the front right side of the two-wheeled vehicle, and received the victim F(23 years old) who is the driver of the two-wheeled vehicle and the G passenger vehicle parked later.

As a result, the Defendant suffered injury, such as finites that require medical treatment for about two weeks, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the section of about 1 Km from the Do in front of the cross-spon line, which is located within the distance of the arm’s length transfer seat at the time and time as specified in paragraph (1) to the D Do in front of the D Do in the same Gu C, driving the above knick while under the influence of alcohol level of about 0.234%.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and F;

1. Traffic accident report, inspection report, circumstantial statement statement report, and inquiry request for appraisal;

1. On-site photographs;

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

1. The point of driving under the influence of alcohol under Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, which is applicable to the relevant criminal facts and the choice of punishment; and

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