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(영문) 수원지방법원 2020.11.05 2020고단3513
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 2, 2014, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving in Drinking) in the Gyeyang District Court’s Ansan Branch on April 2, 2014.

【Criminal Facts】

1. The defendant is a person who drives a passenger car within the B B-gu in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

Around 10:20 on February 7, 2020, the defendant driving the above car and let C turn to the left at the seat of D Hospital in the front of the gold village at the time of the strike.

Since there is a road where a central line is installed, in such a case, the driver of the motor vehicle has a duty of care to live well in the front line and accurately manipulate the steering and brakes, and to safely drive the central line and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to proceed to a mountain village by neglecting the center line along with negligent negligence, received the full part of the front wheelchairs of the victim E (ma, 70 years old) waiting in the signal atmosphere from the front part of the said car, thereby leading the victim to go to the floor.

As a result, the Defendant suffered injury to the victim, such as the left-hand body Nos. 2, 3, 4, 5, and 8 weeks of medical treatment by occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) and driven a B-gu car under the influence of alcohol with a blood alcohol concentration of 0.13% from the road located in the vicinity of the Geum-dong in the gold-gu city at a temporary border, such as the preceding paragraph, to the front day of the Pakistan.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A medical certificate;

1. The actual condition survey report, the report on the circumstantial statement of a drinking driver, the investigation report (the report on the circumstances of the drinking driver), and the report on alcohol alcohol;

1. Previouss before judgment: Criminal records, reply reports, and summary orders;

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