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(영문) 인천지방법원 부천지원 2020.06.24 2020고단649

교통사고처리특례법위반(치상)등

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal power] On June 7, 2010, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act at the Seoul Central District Court, and KRW 1.5 million as a fine at the Seoul Western District Court on August 31, 2017.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a vehicle BM7 vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 26, 2019, the Defendant driven the said car while under the influence of alcohol of 0.109% of blood alcohol level on October 26, 2019, and driven the said car along the four-lane road in front of Busan Metropolitan City along the two-lane radius from the inside and outside of the jurisdiction of Busan Metropolitan City, and stopped for signal.

In such cases, there was a duty of care to prevent accidents in advance by accurately manipulating the steering system and by accurately manipulating the steering system of the motor vehicle.

Nevertheless, under the foregoing circumstances, the Defendant was negligent in driving while driving a motor vehicle due to negligence while driving the motor vehicle, so that the motor vehicle of the Defendant driving is proceeding in the future, and the front part of the said motor vehicle is the front part of the said motor vehicle. The Defendant received the rear part of the victim D(Nam, 49 years old) E 5 motor vehicle which was parked for signal waiting at the front side of the same direction.

Ultimately, the Defendant suffered injury, such as salt ties and tensions, to the victim F (F, South and 34 years of age) who was accompanied by the victim D and the victim D driving's car due to the above occupational negligence, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and place set forth in paragraph (1) again, while under the influence of 0.109% of blood alcohol level, and thereby, violated the provision on prohibition of drinking alcohol driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of a traffic accident, site photographs, and the report on the actual state of a driver;