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(영문) 수원지방법원 성남지원 2020.04.03 2020고단522
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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving B K5 cars.

On December 8, 2019, the Defendant driven the above vehicle at a speed of 02:58, and proceeded with the intersection of the distance of the playground C in front of the Jung-gu, Seongdong-gu, Sungnam-gu, Sungnam-gu, about the direction of the sexualnam comprehensive playground at the right angle.

There are four intersections where signal, etc. is operated, and the vehicle traffic volume is high.

In such cases, a person engaged in driving of a motor vehicle shall not operate a motor vehicle in a drunken state, and has a duty of care to prevent accidents in advance by returning the traffic situation well and by safe driving.

Nevertheless, the defendant neglected to perform his/her duty of care in the state of 0.185% of blood alcohol concentration and operates the above vehicle.

Before the same direction, the victim D (ma, 44 years old) driving, who was in the atmosphere of the signal, led the driver behind the Estyna vehicle's vehicle's straw.

As a result, the Defendant, by negligence in the course of performing duties, entered the victim F (F) who was on board the back seat of the same damaged vehicle, with approximately 2 weeks of treatment, such as base finites, which requires treatment for about 2 weeks.

2. Around 02:58 on December 8, 2019, the Defendant violated the Road Traffic Act (driving) and driven the Category B 5 car at a level of about 1 K5m in a state of alcohol alcohol concentration of 0.185% from the roads adjacent to the Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu to the roads adjacent to G.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. F prepared statement on the occurrence of a traffic accident;

1. A survey report on the actual condition, a report on the status of driving under the influence of alcohol, a report on detection of a drinking driver, and a report on the results of the control of drinking driving;

1. Each medical certificate and each blood alcohol appraisal statement;

1. A photograph of each vehicle, a black picture, and a picture of a track;

1. Application of Acts and subordinate statutes to investigation reports;

1. Each relevant Article of the Act concerning criminal facts;

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