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(영문) 광주지방법원 2020.09.03 2020고단3452
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who drives a sports cargo vehicle B in the column B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 25, 2020, the Defendant driven the above vehicle at around 16:43 on June 25, 2020, and made a left turn to the left at a speed of about 40 kilometers per hour in the direction of the F market in the south-gu Seoul metropolitan area.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to accurately operate the steering gear and brakes well and to safely proceed by adjusting speed in advance.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and left without properly examining the surrounding area of the Defendant, and was under the influence of the victim H (ma, 64 years old) driver's walked in front of the driver's seat of the vehicle driving car in I,land, and was under the influence of the Defendant's driver's seat in front of the driver's seat.

Ultimately, the Defendant suffered, from the above occupational negligence, around two weeks, salt tensions, tensions, etc. in need of treatment to the victim H, and the victim J (ma, 8 years of age) who is the passenger of the damaged vehicle, each of whom the Defendant suffered a string of the internal and internal organs in need of treatment for about one week.

2. On April 2, 2014, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court for the crime of violating the Road Traffic Act.

On June 25, 2020, while under the influence of alcohol 0.172% on blood alcohol level, the Defendant driven a sports cargo vehicle B in approximately two kilometers from the front of a cafeteria located in the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu to D in the same city-gu C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstantial statements of a drinking driver, and drinking.

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