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(영문) 수원지방법원 2020.11.13 2020고단5829

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for a term of one year and ten 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

On October 31, 2013, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 2 million with respect to a violation of the Road Traffic Act (driving) by the Suwon District Court, and on October 20, 2014, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 2 million with respect to a site in the Suwon District Court.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing car.

On July 20, 2020, the defendant operated the above car on July 20, 2020, and proceeded with the front road C with three-lanes from the 82 national road flood section to the 39 national road section among the sections inside the national road, and changed the course into two-lanes.

In this case, the driver of a motor vehicle has a duty of care to care in advance to prevent accidents by safely operating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected this and led the Defendant to drive under the influence of alcohol and by the negligence of driving in the same direction two-lanes of the victim D (Nam, 28 years old) who was driving in the same direction, to take the front part of the rocketing car in front of the said rocketing car into the front part of the driver's seat of the said rocketing car, and caused the said rocketing car to take the central separation zone in the front part of the driver's seat.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. Around 02:00 on July 20, 2020, the Defendant driven B rocketing car under the influence of alcohol with a blood alcohol concentration of about 0.117% from the 10km section to the front road of the same city from the roads in front of a mutual influent restaurant located in the sphere of Suwon-si, Suwon-si, Suwon-si, to the roads in front of the same city.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report and photographs of the scene of the accident, and video CDs;

1. Exemplary drivers;