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(영문) 수원지방법원 평택지원 2016.04.28 2016고단130
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On April 14, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving), and a summary order of KRW 1.5 million for a fine of KRW 1,500,000 for the same crime from the Cheongju District Court’s Assistance on June 11, 2012.

[Criminal facts]

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a BS car.

On December 27, 2015, the Defendant, at around 23:50 on 27 December 2015, when he was dead, proceeded at a point 305 km on an expressway, which is the middle line, at a speed of about 100 km from the through bank to the south bank.

At night, in such a case, the driver had a duty of care to see the front door and the right and the right and the right and the right and the right of the driver, and to operate the steering and the system accurately.

Nevertheless, the Defendant neglected this and received the back part of the DNA Poter Cargo Vehicle driven by the victim C due to negligence while driving under the influence of 0.152% alcohol while driving under the influence of alcohol.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, such as salvinal sale, which requires approximately two weeks of medical treatment.

2. On the day specified in paragraph (1), the Defendant driven a BS car under the influence of alcohol content of 0.152% at the section of about 15 km at the seat of the 305 km away from the Masn-gun, the Masn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement C, E, and F;

1. A survey report on the actual condition of a traffic accident, on-site photographs, a report on the detection of the main driver, a estimate, a medical certificate, and a response to a request for appraisal;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of a report on criminal investigation;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) concerning criminal facts, the Criminal Act.

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