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(영문) 수원지방법원 여주지원 2017.06.09 2017고단416
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 16, 2006, the Defendant issued a summary order of KRW 2 million for a fine of KRW 2 million due to a violation of road traffic law (driving under drinking), a summary order of KRW 2 million for a violation of road traffic law (driving under drinking), and a summary order on September 25, 2009 for a violation of road traffic law (driving under drinking under drinking under the influence of driving under drinking under the influence of driving under the influence of driving under the influence of driving under the influence of driving under the influence of driving under the influence of driving under the influence of driving under the influence of driving under the influence of driving under the influence of driving under the same conditions as of December 14, 207.

[Criminal facts] The Defendant is a person who is engaged in driving a BD car.

On April 1, 2017, the Defendant driven the said car under the influence of alcohol content of 0.064% among blood transfusions on April 15:10, 201, while driving the said car, and driven the road No. 42 prior to D in Echeon City C from the right side of permission.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the front side and the left side and the left side and the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in the signal waiting at the bee banks, was driven by the victim E (the 35-year-old driver) who was standing in the signal waiting at the bee banks, and received the part of the Defendant’s vehicle behind the FM5 car, which was driven by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E such as salt, tensions, etc. in light of the 2-day medical treatment on the part of the Defendant, and suffered injury on the part of the victim G (WM5) who was on board the instant SM5 car’s steering force for approximately two weeks, such as salt, tensions, etc. requiring approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Inquiries about the results of crackdown on drinking driving;

1. Each general medical certificate;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (Attachment to the summary order of the same kind of power).

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