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(영문) 수원지방법원 2018.11.27 2018고단5703
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 February 5, 2010, the Defendant issued a summary order of KRW 2 million as a fine for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and a fine of KRW 2 million at the same court on January 10, 2018, respectively.

[Criminal facts]

1. On March 23, 2018, the Defendant driven a DI40 vehicle under the influence of alcohol content of about 0.217% in the section of about 2km from the Do near the bowling-si in the height of the wife population to the front road located in the same Gu from the Do adjacent to the bowling-si in the same Gu, which is recognized as the Defendant around 01:30 on March 23, 2018.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person engaging in driving a DI40-car, and was driving the said vehicle on the front side of the road located in the Mansi Population B while under the influence of alcohol leveling 0.217% of alcohol level among blood transfusion around August 23, 2018.

In such cases, the defendant has a duty to keep the front door and operate the brakes, steering system and other devices accurately.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the Defendant’s vehicle, and the front part of the Frenna vehicle of the Frenna vehicle of the victim E (25 years old) who was in the atmosphere of the signal by negligence while neglecting this.

As a result, the Defendant suffered injury to the victim, such as cinal salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking, output of the results of measuring drinking, and a survey report on the actual condition of traffic accidents;

1. On-site photographs;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (formers and report on confirmation), and statutes;

1. Article 148-2(1)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(1)1 and 44(1) (the point of drinking and the choice of imprisonment), Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

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