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(영문) 수원지방법원 평택지원 2018.08.10 2018고단590
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the operation of a Bbera cruise car.

On April 3, 2018, the Defendant driven the said car with a alcohol content of 0.103% 0.103% while under the influence of alcohol during blood around 20:28, and driven the three-lane road in front of the entrance distance of the Jin apartment located in Pyeongtaek-ro 113 at Li-si this impulse, along the three-lane direction from Li-si to Li-si.

In such cases, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle has a duty of care to safely drive the steering gear and operation of the steering gear in a correct manner and prevent the accident from occurring.

Nevertheless, due to the negligence that was unable to properly see the front side while driving the said vehicle under the influence of alcohol as above, the part of the back part of the victim C(47 years old) driving of the victim C(47 years old) driving, who was waiting in the front side of the Defendant, was placed in front of the Defendant’s vehicle, and the victim suffered approximately two weeks of light salt in need of approximately two weeks of treatment.

2. On April 3, 2018, the Defendant driven the said vehicle under the influence of alcohol by 0.103% of alcohol concentration from the 1km section from the 51k-ro adjacent to the Western-ro 51, Pyeongtaek-si, to the entrance of the said large apartment to the three-distance road of the entrance of the said large apartment, on April 3, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of causing occupational negligence, the choice of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of driving alcohol and the choice of imprisonment with prison labor);

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

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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