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(영문) 수원지방법원 성남지원 2021.01.14 2020고단2011

교통사고처리특례법위반(치상)등

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

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

1. Around 07:20 on June 6, 2020, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) driving a Bbeer or a car and driving the car along the three-lanes of the exclusive road between Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City, which is located in 171-16, Seonam-gu, Seonam-gu, Seoul Special Metropolitan City, and changed the two-lanes.

In this case, a driver of a motor vehicle has a duty of care to live well before and after the right and the right and the right and the right and the right and the right and the right and duty of care to change a lane safely.

Nevertheless, when the Defendant neglected this and changed the lane by negligence without reducing the speed while under the influence of 0.104% alcohol during blood, the Defendant got off the part of the D G80 car driven by the victim C(66 years) (66 years) who was driving along the two lanes, following the right part of the DG80 car driven by the Defendant’s driver’s vehicle.

Ultimately, the Defendant suffered injury, such as finite finites, which require approximately two weeks of medical treatment, from the victim due to such occupational negligence.

2. On August 21, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of Road Traffic Act (driving) at the Incheon District Court’s Busan District Court’s Branch Branch on August 21, 2015.

The Defendant, at the time of the day set forth in paragraph 1, driven Bbeer or a car while under the influence of alcohol with 0.104% alcohol level from the front of the building in Songpa-gu Seoul, Seoul to the Sungnam-gu, Seonam-gu, Dowon-dong, 171-16, Sungnam-gu, Sungnam-do, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement C prepared by the defendant in court;

1. Reports on traffic accidents, reports on the actual conditions of drivers taking the scene of an accident, reports on the circumstantial conditions of drivers taking the scene of an accident, and reports on the results of regulating drinking driving;

1. A medical certificate;

1. Blue images of damaged vehicles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;