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(영문) 수원지방법원 2017.04.26 2016고단8139
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 9, 2007, the Defendant was sentenced to a fine of two million won as a crime of violation of road traffic law at the Suwon Flag Flag on November 9, 2007, and a fine of four million won as a crime of violation of road traffic law at the Jung-gu District Court Goyang Branch on June 5, 2013. A person who violated Article 44(1) of the Road Traffic Act at least twice.

[Criminal facts] The Defendant is a person who is engaged in driving a car at B mother.

On November 18, 2016, the Defendant driven the said car with a alcohol level of 0.125% from blood alcohol level around 00:20 on November 18, 2016, and led to two-lanes in front of the name university located in the south of the wife population at permissible time to bypass the two-lanes of the above car to about 30km from the south-west bank of the name-based university.

At the time, there is a night and a place where the center line of the yellow-line is installed, so a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was in the front part of the DST3 passenger car driving by the victim C (28 Do) who was living normally on the left-hand side of the central line due to the negligence moving to the right-hand side of the central line, and was in the front front part of the DSS3 passenger car.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim C, such as salt, tensions, etc. of a trend requiring approximately two weeks of medical treatment, and the injury to the victim E (V 26 years of age), who was on board the head of SM3 passenger car, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a traffic accident report, an accident site photograph, a report on the situation of the driver placed at home, a report on the results of crackdown on drinking driving, an inquiry into the results of crackdown on drinking driving, and a written diagnosis (C and E);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

1. Relevant provisions of the Act concerning facts constituting an offense;

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