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(영문) 수원지방법원 평택지원 2020.01.16 2019고단1480

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

On April 24, 2015, the Defendant was sentenced to a fine of KRW 5 million by the Suwon District Court for a violation of the Road Traffic Act.

1. The Defendant is a person who is engaged in driving service BEAV AV AER.

On August 26, 2019, the Defendant, while under the influence of alcohol 0.056% of the blood alcohol concentration on August 14:15, 2019, driven the above Oral Sea, and made D front roads in Pyeongtaek-si C turn to the left from the right edge of the stopal Zone.

At this point, there was a duty of care to reduce the speed to those engaged in driving of motor vehicles, including otoba, and to prevent accidents in advance by properly examining the oba and the left and right of the vehicle.

Nevertheless, when the defendant neglected to make a left-hand turn while under the influence of alcohol and neglected to make a left-hand turn, the part on the left-hand side of the victim G (JNSC1255SH driving Haba 39 years old) who proceeded directly from the F to the Western-gu zone.

As a result, the Defendant suffered injury to the victim, such as catitiss and tensions, which require treatment for about two weeks by occupational negligence as above.

2. The Defendant was driving a BEAV AV AF without obtaining a motorcycle driver’s license at the time and place specified in paragraph (1) of this Article, and at the same time and place, with a blood alcohol concentration of 0.056%.

As a result, the defendant violated the regulations on the prohibition of drinking under the Road Traffic Act not less than twice, and not less than once a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Notification of the results of crackdown on drinking driving and a report on actual condition survey;

1. A medical certificate;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation status (verification of the same kind of drinking power);

1. Criminal facts;