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(영문) 수원지방법원 2018.10.30 2018고단4468
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal history] On June 13, 2012, the Defendant was issued a summary order of a fine of KRW 1 million in the same court as the same crime on June 24, 2013 at the Suwon Flag Flag Flag and a fine of KRW 4 million in the same court.

[Criminal facts]

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

On July 15, 2018, the Defendant, while under the influence of alcohol level of 0.195% among the blood transfusion around 23:20 on July 15, 2018, driven the above vehicle into one lane among the two lanes in the direction of the new village in the direction of Samsung apartment.

In such cases, the driver has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front side and left side well and accurately operating the steering and brake system.

Nevertheless, the Defendant neglected to do so and went away from the two lanes due to the negligence of leaving the two lanes due to the negligence of the Defendant, and was driven by the victim C(63 ) who was parked in the two lanes, and received the driver part of the DK5 vehicle after driving the vehicle, which was operated by the victim C(63 ).

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

2. The Defendant violated the Road Traffic Act (drinking driving), even though he was a person who had the influence of driving under the influence of alcohol twice or more as above, was driving the said fluent vehicle at the section of approximately 300 meters from the area where he was under the influence of alcohol level of 0.195% in the blood, such as the foregoing paragraph (d) to the area where he was under the influence of alcohol level of 0.195% in the valley-dong-dong and the uppermost of the same 593-2 single apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report and a report on the detection of a primary driver;

1. A medical certificate;

1. Accident vehicles and on-site photographs;

1. A previous conviction in judgment:

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