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(영문) 수원지방법원 성남지원 2021.01.27 2020고단2347

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On November 8, 2007, the Defendant was issued a summary order of KRW 4 million due to a crime of violating road traffic law (dacting driving) at the Goyang Branch of the Jung-gu District Court.

[Criminal facts] The Defendant is a person who is engaged in driving a car in BSP area.

On June 19, 2020, the Defendant driven the said car with a alcohol content of 0.183% 0.183% during blood transfusion, and brought the front road in front of Sungnam-gu, Jungnam-gu, Seoul, on the right side from the malo-distance to South Korea, with a view to the occupational negligence of the victim D (the victim, South, 52 years old) who driven slowly at the front of the said car while driving the said car on the right side of the malo-distance to South Korea, and did not keep the front city under the influence of alcohol, and brought the back of the Estal cab of the victim D (the victim, South, 52 years old) who driven slowly at the front.

Ultimately, the Defendant caused the above victim D’s occupational negligence to suffer injury to salt and tensions in the troke, pelvis, and other parts of the sacrife for about three weeks of treatment, and the victim F, who was on board the above rocketing taxi, to suffer injury to the salt and tensions that require approximately two weeks of treatment, respectively, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on a traffic accident, report on the occurrence of a traffic accident, report on the situation of the driving at home, report on the circumstances of the driver at home, investigation report, report on the driver at home, and report on the results of regulating the driving of drinking;

1. Each written diagnosis;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 148-2(1) and Article 44(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the point of drinking), Article 3(1) and the proviso of Article 3(2) and Article 3(8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Crimes violating the Traffic Act on the selective punishment of a punishment, shall be punished by imprisonment and the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents;