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(영문) 수원지방법원 2020.03.16 2019고단7050

교통사고처리특례법위반(치상)등

Text

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

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

[Criminal Power] On April 24, 2019, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a EXE car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 26, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.049% under the influence of alcohol without a driver’s license on October 26, 2019, while driving it in the direction of Suwon-si, Suwon-si, through one-way road near Dart in Suwon-gu, Suwon-si, and driving it in the direction of Suwon-si, and led it to the right-way direction of the Domino distance.

At the time of night, there was an intersection in which signal apparatus was installed at the front of the night, and in such a case, there was a duty of care to prevent accidents in advance by taking full account of the other vehicles engaged in driving service after reducing speed and driving well.

Nevertheless, the Defendant neglected this and was negligent in driving so that the Defendant received the right side of the F taxi driven by the victim E (the aged 45) who was straighted in accordance with the straight line in the direction of the Domino-distance in the direction of the Doming Gyeonggi-do Office, in front of the driver's seat of the Defendant.

Ultimately, the Defendant suffered injury to the victim G (the 27 years of age) who is the passenger of the victim E and E driving a taxi due to the foregoing occupational negligence, such as salt, tensions, etc. in need of medical treatment for about two weeks.

2. Around 04:00 on October 26, 2019, the Defendant driven a B X-ray car under the influence of alcohol content of 0.049% without obtaining a driver’s license in a section of about 100 meters from a vehicle’s license and without obtaining a driver’s license for the place of accident as set forth in paragraph (1) on the front of Suwon-si H, Suwon-si.

Accordingly, the defendant violates the prohibition of drinking driving more than twice.