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(영문) 수원지방법원안산지원 2020.10.29 2020고단3316

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 April 18, 2011, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch.

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On July 25, 2020, the Defendant driven the above vehicle while under the influence of alcohol of 0.048% with blood alcohol content around 18:50 on July 25, 2020, and proceeded with the intersection of the private distance of the members art gallery located in Ansan-ro 432 at the Hansan-gu Woo-gu Woo-gu Woo-ro.

Since the location is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents by checking the right and the right of the front and the right in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded in violation of the signal even though it was red signal, which led to the occurrence of an accident where the front side of the victim D (ma, 26 years old) driving in accordance with normal signal from the right side of the course caused the collision with the front side of the Defendant's vehicle on the right side.

As a result, the Defendant was driving in violation of the prohibition of drinking driving regulations not less than twice, and the Defendant suffered from the injury of the victim, such as the salt, tension, etc. of the trend that requires approximately two weeks of medical treatment due to negligence in the course of the above duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of statement by the police about D (Simplified traffic);

1. A report on the actual state of the driver;

1. A traffic accident report (1) (1)

1. A medical certificate;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. Relevant law concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the fact that a person commits a violation of the provisions concerning prohibition of drinking

1. Aggravation for concurrent crimes;