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(영문) 수원지방법원 2019.07.03 2019고단614
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is the person who is engaged in driving a passenger car in B Coon.

On December 25, 2018, the Defendant driven the above vehicle on December 25, 2012:02:35, and led the two-lane road in front of the ambri-Eup in the local-nam city to proceed in the direction of a draft in the direction of two-lanes depending on two-lanes.

Since there are two places where a intersection is installed in the front line, the driver had a duty of care to check whether the vehicle is in progress and operate safely by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and went as they were under the influence of 0.150% of blood alcohol level, and due to the negligence that the Defendant was under the influence of alcohol level 0.150%, the part on the left-hand side of the victim C(39 years old) driving, which is normally going under the direction of the draft, was received as the front-hand part of the vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as chins, tensions, etc., which require approximately two weeks of treatment due to such occupational negligence.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol by 0.150% at the section of about 2 km from the front of a cafeteria located in the 2km-Eup in the native-nam-Eup in the case of the temporary border specified in paragraph (1) to the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and on-site photographs;

1. The circumstantial statement report, investigation report, appraisal report, investigation report, investigation report (applicable with the mark code) and the result of the regulation of entry into records;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the former Road Traffic Act, and Act on December 24, 2018.

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