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(영문) 수원지방법원여주지원 2020.11.10 2020고단941
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

1. Around 11:55 on July 13, 2020, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.19%, and the Defendant driven a DNA-low-income car from a distance of about 300 meters from the front of the B apartment at Ischeon-si to C neighboring road.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a Dchip car.

On July 13, 2020, the Defendant driven the said car under the influence of alcohol of 0.19% in blood alcohol concentration on July 11, 2020, and driven the said car at a speed of about 30 km per hour from the direction of B apartment to E in accordance with one lane towards the direction of E.

In this case, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle while under the influence of alcohol, and there was a duty of care to accurately manipulate the steering device and brake system and prevent the accident by accurately manipulating the steering device and brakes with a good mind.

Nevertheless, the Defendant neglected this and failed to properly look at the front side of the passenger car in the direction of the defendant's running by the victim F (F, South, 37 years old) who was stopping in accordance with the traffic signal at the front side of the direction of the defendant's driving due to negligence of the defendant's driving, but failed to find the passenger car late and not properly operated, and thereby, received the part behind the passenger car in the front part of the above franchise.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report of traffic accidents prepared by the F, inquiry into the results of crackdown on drinking driving, investigation report (report on the circumstances of drinking drivers), and notification of the results of crackdown on drinking driving;

1. Scenic photographs, on-site photographs, black stuffs image photographs, black stuffs video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Criminal facts;

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