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(영문) 수원지방법원 여주지원 2021.01.12 2020고단1374

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 July 6, 2018, the Defendant issued a summary order of a fine of KRW 3 million on July 6, 2018, as a crime of violation of road traffic law in the Suwon District Court’s branch, and was sentenced to a fine of KRW 5 million on March 24, 2020.

The defendant is a person who is engaged in driving a B-learning car.

1. On August 6, 2020, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.067% in blood, without the driver’s license, from the vicinity of the “Ocheon-ro Terminal” located in Echeon-ro 1200, Leecheon-ro, Leecheon-ro, to the 1.8km-ro 1356 square meters in the same city.

As a result, the Defendant violated the prohibition of drinking driving, and driving the said car without obtaining a driver's license in the influence of alcohol.

2. Around August 6, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol concentration of 0.067% in blood without obtaining a driver’s license on August 6, 2020, along with two-lanes between the two-lanes of Echeon Office of Education and the two-lanes between the two-lanes of Echeon Office of Education and the two-lanes of Echeon Office of Education.

At this point, there was a duty of care to safely drive a person engaged in driving service with a signal, etc. by reducing speed and by checking well the right and the right of the person.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop the vehicle driving signal while driving the vehicle, which was driven by the injured party C who was left to the left from the front section pursuant to the new subparagraph, and was driven by the injured party C at the front section of the car driving.

In the end, the Defendant suffered injury to the victim by the foregoing negligence, such as salt and tensions that require approximately two weeks of treatment.