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(영문) 수원지방법원 2020.10.23 2020고단5235

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for one year.

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

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) who is engaged in driving of the Bwing and III cargo vehicle;

On May 18, 2020, the Defendant driven the above cargo while under the influence of alcohol of 0.047% of blood alcohol concentration at around 21:10, and led the Defendant to drive the above cargo along three-lanes of the road in front of Suwon-si C at the jurisdiction of Suwon-si along three-lanes from the IC of the heading office to the heading office distance.

At the time, night, and the view is limited and narrow, so in such a case, the driver had a duty of care to prevent accidents by accurately manipulating the steering and steering gear and accurately manipulating the steering and steering gear.

Nevertheless, the Defendant, while neglecting the influence of alcohol and neglecting the operation of the vehicle at the front direction, was shocked to the front part of the said cargo vehicle, which was driven by the victim D(W, 55 years old) who was parked due to the string of the vehicle.

As a result, the Defendant suffered injury to the victim, such as cerebral dead, which did not have two or more internal organs in need of medical treatment for about two weeks due to the above occupational negligence.

2. On October 21, 2013, the Defendant has been issued a summary order of a fine of KRW 1.5 million at the Suwon District Court as a crime of violating the Road Traffic Act.

The Defendant driven a bwing-III cargo vehicle with a blood alcohol content of about 0.047% under the influence of alcohol in approximately 5km from the 5km section to the front road in Suwon-si, Suwon-si, Suwon-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on traffic accidents and photographs on accident sites;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. On January 1, 200, the accident vehicle booms images, vehicle booms video files, a CD 1.