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(영문) 서울남부지방법원 2020.07.21 2020고단996

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) was a person who is engaged in driving a car Bcopic car on February 10, 202 and driven the said car under the influence of alcohol concentration of 0.075% on February 16, 2020, while driving the said car at around 0.075% on the blood alcohol level on February 16, 2020, thereby driving the vehicle in the direction of the two-lanes between the two-lanes.

At that time, the crosswalk and signal apparatus are installed, so in such a case, the driver of the vehicle had a duty of care to safely drive the vehicle according to the traffic signal of the signal apparatus by checking the front door well.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in the course of business in violation of the signal while the front-hand signal is a red signal for a vehicle stop, and caused injury to the victim D ( South, 13 years old) who walked along the crosswalk in accordance with the pedestrian signal from the left-hand side of the Defendant’s running direction to the right side of the road by taking the victim’s front part of the said vehicle as the front part of the said vehicle, such as dump, tension, etc. for about two weeks of treatment

2. On December 19, 2008, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court’s Branch Branch on October 26, 201 to a fine of KRW 3 million for the same crime, respectively, in the case of a violation of the Road Traffic Act (driving).

【Criminal Facts】 Although the Defendant violated the prohibition on drunk driving twice or more, the Defendant was driving a car in the above Chon-C while under the influence of alcohol concentration of about 0.075% at the 1km section from the Do in the vicinity of the Gangseo-gu Seoul Metropolitan Government Seodong to the place of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on a traffic accident, report on the occurrence of a traffic accident, and report on internal investigation (verification of B B B video records);

1. A criminal investigation report (Submission of a medical certificate for a victim);

1. The circumstantial statements and investigation reports shall be made to the host driver; and