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(영문) 서울동부지방법원 2020.11.09 2020고단2424

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

The defendant is a person who is engaged in driving vehicles B for earth and sand.

1. Around June 10, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle and driven the said vehicle in the direction of the home fluor in the center of the center, while under the influence of alcohol at a level of 0.195% of the blood alcohol concentration, the Defendant driven the said vehicle at a four-lane road in the terminal width located in Ansan-gu, Ansan-si.

At the time, there were nights, and there was a vehicle waiting for signal at the front. In such a case, a person engaged in driving service has a duty of care to operate safely by thoroughly operating the steering gear and accurately operating the steering and steering devices.

Nevertheless, the Defendant, while under the influence of alcohol, found that the victim C (Nam, 54 years old) rocketing taxi was stopped at the front of the vehicle and found it late to stop in the front of the vehicle, and shocked the part of the damaged vehicle following the front of the vehicle.

After all, the Defendant suffered from the injury to the victim E (the 24 years old), who is the victim of the above victim and the victim vehicle, due to the above occupational negligence, around two weeks of medical treatment.

2. On October 19, 2012, the Defendant was issued a summary order of KRW 1.5 million by Seoul Eastern District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on July 6, 2016, the Seoul Central District Court issued a summary order of KRW 5 million for the same crime.

The Defendant driven the said vehicle under the influence of alcohol level of about 2 km from the front side of the 2km-gu, Ansan-si to the place specified in paragraphs (1) to the place specified in paragraph (1).

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. C.