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(영문) 수원지방법원 2020.01.16 2019고단2553

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 8, 2015, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court on the following grounds: (a) on May 9, 2016, a fine of KRW 3 million for the same crime; (b) on November 2, 2016, a fine of KRW 700,000 for the same crime from the Suwon District Court inside the Suwon District Court for the same crime; (c) on May 17, 2017, a summary order of KRW 1.5 million was issued by the Suwon District Court for the violation of the Road Traffic Act at the Suwon District Court on September 18, 2018; and (d) on September 28, 2018, the above judgment becomes final and conclusive as of September 28, 2018.

【Criminal Facts】

1. The defendant is a person who drives a B X-sports cargo vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On March 20, 2019, at around 01:25, the Defendant driven the above cargo without obtaining a driver's license, while under the influence of alcohol 0.054% of blood alcohol concentration, and led the above cargo to proceed to the front of the king, Dog-dong New Village of Suwon-si, Suwon-si.

At all times, signal lights have been installed on the front side, and the automobile of C driver's D, which is ahead of the Defendant's running direction, has been stopped by red signal, so in such a case, the driver of the vehicle has a duty of care to thoroughly operate the vehicle and to secure and operate a sufficient safety distance from the front vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and was negligent in proceeding and received the back part of the said EXE-sports cargo vehicle as the front part of the said EXE-sports cargo vehicle.

Ultimately, the Defendant caused the injury to E (the 36-year-old) who is a passenger of the foregoing Aburged car due to the foregoing occupational negligence, such as salt, tension, etc. of the cirratty requiring approximately three weeks medical treatment.

2. Violation of the Road Traffic Act;