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(영문) 수원지방법원평택지원 2020.08.11 2020고단915

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On December 3, 2010, the Defendant was sentenced to a fine of KRW 500,000 for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site on March 30, 201, a fine of KRW 2 million for the same crime in the same court on March 30, 201, and a fine of KRW 2 million for the same crime in the same court on November 28, 2012, and three times of drinking driving under the same court on August 8, 201.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a vehicle B in a vehicle B.

On April 3, 2020, the Defendant, while under the influence of alcohol at 0.118% of blood alcohol level on Apr. 21, 2020, proceeded at the speed of Pyeongtaek-si C, along with one lane from the original valley, to the shot.

In such cases, drivers have a duty of care to safely drive by accurately manipulating brakes, steering gear, etc. while looking at the situation of vehicles on the road.

Nevertheless, the Defendant, while under the influence of alcohol, was driven by the victim E (ma, 59 years old) who was in the atmosphere of the signal at the front bank due to negligence while neglecting the influence of alcohol, received the rear part of the Franchisa taxi vehicle operated by the victim E (E).

The Defendant caused the victim to suffer injury, such as salt, tension, etc., in need of approximately two weeks of medical treatment by occupational negligence.

2. On April 3, 2020, the Defendant, at around 21:47, operated a bsp vehicle at the section of about 10km from the original fluoral frith to the D front road located in Pyeongtaek-si C in the state that he/she took alcohol with a blood alcohol concentration of 0.118%.

Accordingly, the defendant violated the prohibition of drinking driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. A traffic accident report by the police on the defendant's legal statement E, a traffic accident report by the main driver, an investigation report, an examination report (report on the circumstances of the main driver), a diagnosis of the results of the crackdown on Drinking Driving, and an accident photograph;

1. Judgment.