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(영문) 수원지방법원 2021.03.30 2020고단8619

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

On November 12, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court.

The defendant is a person engaged in driving a B S350-L car.

On August 15, 2020, the Defendant driven the said vehicle under the influence of alcohol of 0.142% in blood without obtaining a driver's license on August 15, 2020, while driving the said vehicle at a level of 0.142% in the influence of alcohol in the blood, and driving three lanes in the front side of the Dambri-gu, Young-gu, Gosi-si, Gosi-si, the three-lanes of the three-lanes in the front side of the Dambri-gu.

At the time, there were nights and there were vehicles standing in front of the defendant's proceeding.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by driving the driver of the motor vehicle, operating the steering gear and brakes accurately and safely.

Nevertheless, the Defendant neglected to do so and did not keep the front door properly, while driving a FK5 taxi in the front direction of the Defendant, which was parked in the front direction of the Defendant, and was driven by the front part of the vehicle in front of the Defendant’s driving.

Defendant 1 suffered injury to the victim G (the remaining, 59 years of age) who was on board the said taxi due to negligence in the above job-related affairs, such as cerebral celebs, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Each statement of the defendant in court H, E, and G;

1. The survey report on actual condition, the report on the occurrence of a traffic accident, the report on the circumstances of the driver at the main place of business, the investigation report (the report on the circumstances of the driver at the main place of business), and the medical examination

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

1. Article 3(1), the proviso of Article 3(2)1, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation in the course of business and negligence) and Articles 148-2(1) and 44(1) of the Road Traffic Act concerning criminal facts (two times or more).