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(영문) 수원지방법원 2019.06.25 2019고단1593
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a vehicle BM5 car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 28, 2019, the Defendant driven the said car at a rate of 0.147% with a blood alcohol concentration of 0.15% on March 28, 2019, and led to a two-lane road near the Korean Peninsula in the territory of the Singu-Eup in the Gyeonggi-si in the direction of the Gyeonggi-si, at a rate of about 50km/h, depending on one lane in the direction of the Gyeonggi-si in the direction of the Gyeonggi-si.

At the time, since it was at night, there was a duty of care to care in advance to prevent accidents by accurately manipulating the steering gear and the steering gear for those engaged in driving service.

Nevertheless, the Defendant was negligent in neglecting his/her duty while driving his/her vehicle at a private distance intersection and caused injury to the victim, i.e., e., a confecter of the DK5 vehicle driven by the victim C (the age of 48) who was parked under the new subparagraph, due to the shock of the vehicle driven by the Defendant in front of the driver's seat of the vehicle driven by the Defendant, thereby causing about two weeks of the injury to the victim.

2. On March 28, 2019, the Defendant driven a BM5 vehicle while under the influence of alcohol content of about 0.147% at the section of about 4km from the “F main point” located in Gwangju City to the “F main point” located in Gwangju City, to the “F main point” 2391, and to the “Korea-China Skym intersection.”

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on a traffic accident, a survey report, and a photograph of the accident site as a result of the drinking driving control;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Jun. 25, 2019); Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act (amended by Act No. 16037, Jun. 25, 201); Article 268 of the Criminal Act (amended by Act No. 16037).

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