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(영문) 수원지방법원평택지원 2020.10.08 2020고단1503
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

On July 1, 2015, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from a Suwon District Court’s Eunpyeong site.

1. Around 21:00 on June 10, 2020, the Defendant driven a vehicle with low alcohol level of 0.090% under the influence of alcohol in the section from around 5km to around 2 in the middle-Eup’s trade name in Pyeongtaek-si to around the same city.

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

2. The Defendant is a person who is engaged in driving a car with C low-speed car.

On June 10, 2020, the Defendant driven the above car on June 21, 2020, while driving it along the two lanes in front of Pyeongtaek-si and driving it along the two lanes in front of Pyeongtaek-si along the right direction.

At the time, there was a night and there was an intersection where signal lights are installed, so the driver of the vehicle had a duty of care to prevent the accident by properly examining the front side in the driver of the vehicle.

Nevertheless, under the influence of alcohol as stated in Paragraph 1, the Defendant did not see the EM5 car operated by the victim D (Nam, 55) who was in the atmosphere of signal at the front, while neglecting it, and did not see the above MF5 car at the front part of the above MF5 car due to the negligence of stopping at the latest.

Ultimately, the Defendant caused the victim D and the victim F (the 54 years old) who was a partner of the said SM5 car due to the above occupational negligence, to suffer injury to each of the victim D and the victim F (the 54 years old), respectively, for about two weeks of treatment.

Summary of Evidence

1. Defendant’s legal statement, traffic accident report, traffic accident occurrence report, report on the situation of a traffic accident, report on the situation of a drinking driver, investigation report, report on the results of crackdown on drinking driving, notification of the results of investigation and report on the investigation (victimD telephone call);

1. Each written diagnosis;

1. Previous records of judgment: Criminal records, etc. and criminal records of the same kind;

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