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(영문) 수원지방법원 성남지원 2016.11.24 2016고단3070
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 05:22 August 23, 2016, the Defendant: (a) driven Bone Star Cargo with a blood alcohol concentration of 0.087% under the influence of alcohol on the part of approximately 1km from the front day of the 11st Sungnam fire Fighting Station in the city of Jung-gu to the front day of the Jung-gu in the Jung-gu, Jung-gu, Jung-gu; and (b) on the part of the Defendant, under the influence of alcohol concentration of 0.087%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a temporary border as described in paragraph (1) and the above Lone Star Freight, driving the front road of the long-term distance of the Nowon-gu Office as described in paragraph (1), along the four-lane distance from the Sungnam Fire Fighting Zone to the piracy distance.

At this point, the signal lights are installed, and the crosswalks are installed in the front section, so in such a case, the driver of the motor vehicle had a duty of care to live well in the front section and to prevent the accident by safely driving the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and found the victim C (at the age of 81) who walked along the crosswalk from the right side of the Defendant over the right side of the mashed by the vehicle due to the negligent negligence in contravention of the vehicle stop signal, while under the influence of 0.087% of blood alcohol content, and followed the balke by finding it late to the left side. However, the Defendant failed to stop, and caused the victim to go beyond the surface by making the victim stop so far as far as he did not stop.

Ultimately, the Defendant suffered injury to the victim, such as mination of the left-hand flapsy in need of treatment for about 8 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the actual state of driving on a driving on a motor vehicle, report on the actual state of his/her driving on a motor vehicle, report on the actual state of his/her driving on a motor vehicle, report on the actual state of his/her driving on a motor vehicle

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)1, 6, and 8 of the same Act concerning criminal facts, and the Criminal Act.

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