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(영문) 수원지방법원 안산지원 2020.01.15 2019고단4100

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On September 29, 2008, the Defendant was issued a summary order of KRW 2.5 million for the crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the Defendant's violation of the Road Traffic Act.

1. On September 18, 2019, the Defendant was driving a B EFB car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.120% in the vicinity of the “IBK Enterprise Bank” located in Ansan-ro 278 at the end of the “IBK Enterprise Bank” located in the same route from September 18, 2019 to the adjacent road in the same new route.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The defendant is a person who is engaged in driving a eF station or other car as listed in paragraph (1).

The Defendant, while under the influence of liquor at the time and time as stated in paragraph (1), driven the said EFna-car and proceeded along two lanes between the two lanes in the direction of the Corporation and the highest distance between the two lanes in the direction of the Corporation.

In this case, the driver of the vehicle has a duty of care to safely drive the driver of the vehicle by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant was negligent in neglecting to do so under the influence of alcohol concentration of 0.120%, and the part of the back part of the DNA rocketing car driven by the victim C(50 years of age) who is going in the same direction on the same lane.

Ultimately, the Defendant suffered injury to the victim, such as kneee, knee, and knee, in detail, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report of traffic accident (i.e., report on traffic accident);

1. Any notification of the results of the drinking driving control, and any drinking driver;