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(영문) 수원지방법원 성남지원 2019.10.01 2019고단1553

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

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

1. On March 22, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a B-L-W-to-p motor vehicle with blood alcohol concentration of 0.113% without a driver’s license on March 22, 2019, and proceeding along a four-lane road in front of the entrance of the Nakdongwon Underground Road located in the Pungnam-si, Sungnam-si along the right-lane in the direction of permissible range from the Tranc Park three-lane. While under the influence of alcohol, the Defendant was able to cut off two-lanes due to the negligence that failed to properly operate the steering direction and brake devices while driving the two-lane divided zone between two-lanes and three-lanes, and caused the collision between the two-lane and the two-lane vehicle in front of the D-V car driven by the victim C (age 36) who proceeded along the two-lane vehicle.

After all, the Defendant suffered injury, such as salt, tension, etc., in each of the two-day cares to the victim C and the victim E (V, 29 years old) who is the above occupational negligence.

2. On March 28, 2017, the Defendant has a record of being sentenced to a fine of three million won for a violation of the Road Traffic Act at the Suwon District Court on March 28, 2017, and a fine of five million won for the same crime at the Seoul East District Court on November 21, 2018.

Although the Defendant violated the provision on the prohibition of drunk driving twice or more, the Defendant was under the influence of alcohol with 0.113% of alcohol level without a driver’s license for temporary light driving under paragraph (1), and was driving B Abdo-purd car at approximately 19km from the 19km section around the roads in Songpa-gu Seoul Metropolitan Government F “G” to the point of the said accident.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. The actual survey report, on-site photographs, and each diagnosis report;

1. Report on the circumstantial statement of a drinking driver, notification of the results of crackdown on drinking driving, and license register (27 pages of investigation records);

1. The inquiry report;