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(영문) 수원지방법원 2018.05.15 2018고단923
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

Punishment of the crime

1. On January 11, 2018, the Defendant violated the Road Traffic Act (dM7 car) driving at around 2 km section of approximately 0.111% of alcohol content among blood while under the influence of alcohol at around 0.11%, from the 2km section to the front road of Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, DM7 car.

2. The Defendant is a person who is engaged in driving of a passenger car as stipulated in paragraph 1 of this Article.

On January 11, 2018, the Defendant driven the above car at around 14:53, while driving the car, which led to the driving of the car in front of the Suwon-si C in front of the Suwon-si, to the shooting distance of the paintings from the front door.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering system and brake system of the motor vehicle by properly operating it.

Nevertheless, as in Paragraph 1, the Defendant was negligent in failing to properly operate the steering system of a motor vehicle while under the influence of alcohol, and by failing to properly operate the steering system of the motor vehicle at the front of the Defendant, and received the back part of the victim E (68 archae) drive in the front line of the motor vehicle operated by the Defendant, with the front part of the motor vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Blue boxes and video CDs;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to a medical certificate and a report on investigation (to hear statements from a victim telephone);

1. Relevant legal provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) (the driving of alcohol, the choice of imprisonment), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the choice of imprisonment without prison labor) concerning criminal facts;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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