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(영문) 수원지방법원 평택지원 2017.01.05 2016고단1988
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

The defendant is also a person who is engaged in driving a car.

On March 6, 2016, the Defendant driven the foregoing vehicle with alcohol content of 0.141% while under the influence of alcohol during the influence of around 18:00, and led to the flow of the two-lane road near the 2-lane distance near the west 448 west-gu in Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, in the state of drinking, at a non-speed speed in accordance with one lane from the edge of sewage treatment to the west-si IC.

At the same time, there was a long distance intersection at the front, so there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle with a view to viewing the front side and safely.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding at the front of the car of the Defendant, and the lower part of the victim C(36 years old) driving, which was in progress at the front of the car of the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt dynasty, which requires approximately two weeks of treatment, due to such occupational division and office as above, and at the same time damaged the said dynasty so that the repair cost of 433,486 won can be increased by exchanging the back dynasty.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A survey report on actual conditions;

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

1. Inquiry into mandatory insurance;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, Article 44 (1) and Article 151 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and:

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