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(영문) 수원지방법원 2016.11.10 2016고단4186
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

On October 22, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a fine of KRW 5 million for the same crime in the same court on August 28, 2013, respectively.

The defendant is a person who is engaged in driving of a B-Epurt Motor Vehicle owned by the defendant.

On May 3, 2016, at around 09:04, the Defendant, while driving the said car from about 1km to the front road of the horizontal distance of about 39 square meters from the Supon-ro 101-gil, Supon-ro 20, Supon-si, Supon-si, Supon-si, 201-ro, under the influence of alcohol concentration of 0.17% as seen above two times, while driving the said car from about 1km at the road above the private road of the above rate, the front road of the private road of the street intersection from the edge of the Roman bank to the west-si childcare center.

Since there is a signal apparatus installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by entering the intersection according to the new code.

Nevertheless, the Defendant, while under the influence of alcohol, entered the above-mentioned intersection by occupational negligence entering the intersection, which is a red light while entering the intersection, and is proceeding toward the port from the right side of the Defendant’s passenger vehicle driving direction, shocked into the front side of the victim C(38 years old) driving (the front side of the victim C(38 years old) driving by the Defendant’s driver into the front side of the passenger vehicle operation near the passenger vehicle operation direction.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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