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(영문) 수원지방법원 안산지원 2019.07.25 2019고단1659
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a passenger car of B bents Cls350.

On December 16, 2018, the Defendant driven the said car under the influence of 0.194% alcohol concentration of blood alcohol level around 19:08, and led the two-lane ahead of the “Dart” located in C at the Sihhhing City, in the new narrow distance outflow, to the Ethical speed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle, not to drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the road traffic situation and the structure and performance of the motor vehicle, and to prevent accidents by driving the motor vehicle on the front side and safely.

Nevertheless, the defendant is negligent in doing so and is proceeding.

In the same direction, the part of the back-up part of the victim's Gamburged car of the victim Furged from two lanes to one lane was shocked by the front part of the defendant vehicle.

As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. On the same date and time as set forth in paragraph (1), the Defendant driven the said vehicle at a section of about 300 meters from the front road of Heung-si to the front road of Heung-si, in a state of under the influence of alcohol 0.194%.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. The actual condition survey report;

1. Place where the result of measurement of drinking instruments is printed;

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

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts.

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