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(영문) 수원지방법원 안산지원 2018.07.25 2018고단1541
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

On August 28, 2009, the Defendant was issued a summary order of KRW 250,000,000,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) at the Suwon Friju District Court Support on October 30, 2015, and a fine of KRW 4 million as a violation of the Road Traffic Act (driving in Drinking).

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On January 5, 2018, the Defendant driven the said car under the influence of alcohol level of 0.163% among blood alcohol level around 22:40, while driving the car, and driven the front road of the wind apartment, which is located in 1:80, U.S. members of Ansan-si, along the two-lanes between the two-lanes in the direction of the station of Lone Star, in the direction of the station of Lone Star-si.

In this case, the driver of the vehicle has a duty of care to ensure safe operation by accurately operating the steering gear and operation of the steering gear after checking the safety of the operation of the vehicle.

Nevertheless, the defendant neglected this and proceeded as it is, while waiting at the front, received the back portion of the victim C(42)'s low-priced car in order to wait for the signal at the front.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis for C;

1. A survey report on actual condition, inquiry into the results of crackdown on drinking driving, and a statement on the circumstances of the driver of a driving house;

1. Relevant photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes of investigation report (Attachment to a copy of a summary order);

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(1)1 and 44(1) (the point of drinking alcohol, the choice of imprisonment), Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation in the course of duties and negligence, and the choice of imprisonment without prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2), and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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