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(영문) 수원지방법원 2021.02.04 2020고단6572
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[Power of crime] On August 28, 2019, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Suwon Friwon method.

[Criminal facts] The Defendant is a person who is engaged in driving of BPoter Ⅱs.

On August 23, 2020, the Defendant driven the foregoing vehicle under the influence of alcohol content of 0.165% among blood transfusions on August 23, 2020, while driving the vehicle under the influence of alcohol content of 0.165%, and driving the distance under the bottom of the high water level in the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Suwon-gu, Suwon-gu, a flooded flood.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to thoroughly operate the front hour and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected this and neglected to proceed along the Defendant’s driving before the direction of the passage, and received the part of the victim C(T, South, 35 years old)’s driving of the victim C(D) who was in the atmosphere of the signal at the front of the Defendant’s driving direction, and received the part of the driver’s driving ahead of the said cargo.

Ultimately, the Defendant suffered from the injury to the said victim C and the victim E (V, 28 years old) who is his/her son by occupational negligence as above, including salt, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;

1. Aggravation concurrent crimes;

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