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(영문) 창원지방법원 2020.04.01 2020고단399
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a Maz car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On December 10, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.142% of blood alcohol level around 08:30 on December 10, 2019, and led to a two-lanes between the two-lanes between the signal intersection and the signal intersection of Gangseo-gu Busan Metropolitan Government and the traffic intersection of 10.30%.

In such cases, the driver has a duty of care to take a full account of the traffic situation of the front section and the road and to prevent accidents in advance by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected this, while driving the said vehicle in a state where normal driving is difficult due to the influence of drinking, such as neglecting it, driving the said vehicle on the two-lanes of the same room and driving the said vehicle on the same side as it is, the Defendant received the back part of the rocketing motor vehicle driven by the victim C(28 years old) who was in the atmosphere of the same room.

As a result, the Defendant suffered injury to the victim, such as salt dump, tensions, etc. in need of treatment for about two weeks.

2. On November 21, 2008, the Defendant was issued a summary order of KRW 700,000 by the Suwon District Court as a crime of violating the Road Traffic Act.

On December 10, 2019, the Defendant, while under the influence of alcohol around 08:30% of blood alcohol concentration, driven B E in approximately about 17km section from the Defendant’s residence in Kimhae-si, Kimhae-si to the road near Busan Gangseo-dong, Busan-dong, Busan-dong, to the intersection of signal lights.

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

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, report on the results of the regulation of drinking driving, report on the state of drinking drivers, and medical certificate;

1. A previous record of judgment: A criminal record and other inquiry report;

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