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(영문) 수원지방법원 2020.10.16 2020고단4500

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and three months.

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

Reasons

Punishment of the crime

[criminal power] On December 24, 2009, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act, and on March 11, 2016, a summary order of KRW 2,00,000 as a fine of KRW 1,50,000 for the same crime.

【Criminal Facts】

1. The Defendant is in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) that is a person engaged in driving a B-wing and freight truck.

On June 15:30, 2020, the Defendant driven the above vehicle on the front road of the C in the period of harmony, and proceeded along the two-lanes from D to D as the lower intersection.

At the time, there was a vehicle standing on the front side of the Defendant’s vehicle, and thus, there was a duty of care to safely drive the vehicle by driving it well, and prevent the accident by driving it safely.

Nevertheless, the Defendant, while under the influence of alcohol level 0.231%, caused a sudden collision between the victim G (the 60-year-old driver), who stops on the front side of the vehicle driven by the victim E (the 33-year-old driver) with the driver’s license and the 33-year-old driver’s license and the above 33-year-old driver’s license and the above 60-year-old driver’s license and the 60-year-old driver’s license.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim E, such as climatic salt in need of medical treatment for about two weeks, injury to the victim G, such as brain salvin in need of medical treatment for about three weeks, and injury to the victim I (ma and 62 years old) who is the passenger of the high-priced vehicle, for about three weeks.

2. The Defendant was driving a vehicle under the influence of alcohol level of 0.231% at the distance of about 2 km from J to the place where the said accident occurred in the temporary border like the above paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each traffic accident-related person in E and G preparation;

1. The traffic accident report (the actual condition survey report) and the actual condition report of the driver concerned;