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(영문) 수원지방법원 2020.11.24 2020고단6253
교통사고처리특례법위반(치상)등
Text

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

[Criminal Power] On January 5, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle Bsch Rexroth LS 460.

At around 21:50 on August 14, 2020, the Defendant driven the said vehicle while under the influence of alcohol of 0.134% of blood alcohol level, and led the Defendant to stop the signal waiting at one-lane road in front of D in the sphere C in Suwon-si, Suwon-si.

At the time of night, there are other vehicles stop in the front door of the front door and the front door of the front door, and in such a case, there was a duty of care to prevent accidents in advance by performing the duty of care for those engaged in driving a motor vehicle, and by accurately manipulating the steering gear and the brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the Defendant’s vehicle at the front part of the Defendant’s passenger vehicle, which was driven by the victim E (hereinafter “E”) who was stopped for traffic in the front section of the Defendant’s vehicle, due to the occupational negligence moving from the brake, while neglecting it.

As a result, the Defendant suffered injury to the victim, such as catum salt and tension, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. On August 14, 2020, the Defendant driven Bsch RexrothS 460 automobiles in the state of alcohol alcohol concentration of about 500 meters from the road located in the Suwon-si line to the road indicated in the above paragraph (1).

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report on persons involved in the E traffic accident, and the circumstantial statement of the driver;

1. On-site photographs, etc. of the results of the drinking driving control;

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