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(영문) 의정부지방법원고양지원 2020.09.24 2020고단1074

교통사고처리특례법위반(치상)등

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Defendant shall be punished by imprisonment for a term of one year and six 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

[criminal power] On April 1, 2005, the defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang branch on April 1, 2005, and the summary order of KRW 4 million for the same crime in the same court on May 27, 2005, respectively.

【Criminal Facts】

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.

At around 22:10 on January 20, 2020, the Defendant driven the said car with the blood alcohol concentration of 0.209%, and led the roads of three lanes in front of D in C at the time of strike to the direction of the court Eup/Myeon in the direction of the court.

At the time, it was difficult at night and there was a center line of yellow solid lines on the Defendant’s driving road, so in such a case, a person engaged in driving service has a duty of care to thoroughly operate the steering gear, to accurately operate the steering and steering system, and to safely drive the vehicle in order to prevent accidents by safely driving the vehicle.

Nevertheless, the Defendant neglected this and went through the center line in the situation where it is difficult to drive normally due to influence of drinking, and due to negligence, brought the front part of the victim E(25 years old) driving, which was driven along the vehicle at the opposite lane at the time, was shocked by the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as the left-hand majority of the executives who need approximately 14 weeks medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a rocketing car in the state of alcohol alcohol level of about 0.209% in the section of about 1km from the roads near the Civil Defense Education Office of Pakistan-Eup at the time of a temporary border as set forth in paragraph (1) to the place of the said accident.

Summary of Evidence

1. A written diagnosis (E) of the Defendant’s legal statement E;