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(영문) 수원지방법원 평택지원 2017.10.19 2017고단1066
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving service of a small-sized car.

On February 15, 2017, the Defendant driven the car with alcohol concentration of 0.188% during blood at around 23:40 on February 15, 2017, and led the Defendant to drive the car with the same alcohol concentration of 0.18% on a domestic intersection located in the Gyeonggi-si household dong, one-lane between the two-lanes in front of the two-lane.

At night, since the passage of a vehicle is frequent at night, there was a duty of care to reduce speed and drive safely by checking well the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and driven while driving scam without waiting well, and caused the part of the Dco in the direction opposite to the Defendant’s Mad Coon drive C(35 years old) in the direction opposite to that of the Defendant, which was faced with the Defendant’s driver’s seat front of the seat of the sports cargo driving vehicle.

As a result, the Defendant suffered from occupational negligence as above, the injury to the victim C, such as salt, tensions, etc., in need of approximately two weeks of treatment, and the injury to the victim E (the victim 35 years old) who is the passenger of the victimized vehicle, including salt, tension, etc., which requires approximately two weeks of treatment.

2. On February 15, 2017, the Defendant: (a) driven a B B B facian car in the state of under the influence of alcohol content of approximately 0.188% from the 3km section from the day front of a non-cafeteria in the trade name near the Gyeong University, to the front road of the house in the same city household-dong, as long as the Defendant was in the tinb-dong of Gyeonggi-do on February 23:40, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to the actual survey report, traffic accident photographs, and medical certificates;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts

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