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(영문) 수원지방법원 2017.05.23 2017고단639
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal history] On August 24, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and a summary order of KRW 3 million for the same crime at the same court on April 13, 2011, respectively.

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

On January 10, 2017, the Defendant driven the said car under the influence of alcohol level of 0.142% from blood alcohol level around 10:00, and led to the driving of the said car to the Gyeonggi University prior to the Suwon Agricultural Bioscience Science High School, which is located in 12-1, the Ganwon-gu, Suwon-gu, Suwon-si, Suwon-si, Suwon-si.

At the time, the Defendant was driving a motor vehicle after the victim C (n, 32 years of age) driven by the victim C, and therefore, the Defendant was obliged to thoroughly take the front time and to prevent the accident by thoroughly examining the situation of the preceding vehicle and by properly preventing the accident.

Nevertheless, the Defendant neglected this and led the Defendant to the front part of the Defendant’s vehicle, following the victim’s vehicle in the signal waiting due to negligence while under the influence of alcohol.

Ultimately, the Defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, drives a motor vehicle under the influence of alcohol in violation of the said regulations again, and suffered injury to the victim, by negligence in the course of performing the above duties, such as the climatic salt, tension, etc., which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A report on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, and record of measurement of drinking;

1. On-site photographs of the accident, black stuff images;

1. A medical certificate;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order of the suspect's previous history);

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts and the Selection of Punishment.

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