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(영문) 의정부지방법원 2020.06.03 2020고단996

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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a passenger car B;

On December 9, 2019, the Defendant driven the said car under the influence of alcohol level of 0.088% on blood alcohol level around 19:45 on December 9, 2019, and proceeded in the direction of D from 46 national highways to d in the direction, depending on the two-lane road in front C in Southyang-si.

In such cases, a person who is engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to report the traffic situation on the front side well and to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and neglected to neglect the front-down city, while driving the victim E(the age of 37) in the same room at a one-lane, and followed the FF cargo vehicle, and received the part of the lower part of the FF vehicle in front of the said Aburged vehicle.

As a result, the defendant suffered injury such as 's salt ties and tension', which requires approximately two weeks of treatment by occupational negligence, to the victim.

2. On February 21, 2017, the defendant has been issued a summary order of a fine of one million won at a governmental district court for a violation of the Road Traffic Act and the same year.

3. 17. The summary order became final and conclusive.

On December 9, 2019, at around 19:00, the Defendant driven a car with approximately KRW 20 km B with the volume of approximately 20 km from the top to the front road in the Namyang-si, Namyang-si, the Namyang-si, the alcohol concentration of which is 0.08%.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report and the accident site photograph;

1. Report on the situation of running a motor vehicle under the influence of alcohol;