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(영문) 수원지방법원 2020.05.08 2020고단182
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 4, 201, the Defendant received a summary order of KRW 2 million from the Suwon District Court to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) and a fine of KRW 2 million from the Suwon District Court to the same crime on June 27, 2018.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a B K7 car.

On December 9, 2019, the Defendant was under the influence of alcohol with 0.078% of blood alcohol concentration around 23:15, and the Defendant was under the influence of 0.078% of the blood alcohol concentration in the direction of the new Talop distance from the direction of the new Talop distance, depending on the two-lanes between the five-lanes in the direction of the Galopi

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant was negligent in neglecting it, and the Defendant was driving the victim D(68 years old) driving in the same direction in order to turn on the same direction, and received the rear part of the K5-si driving in the above K7-car.

As a result, the Defendant suffered from the Defendant’s negligence in the above business, which caused approximately two weeks of treatment to the victim, satisfy and satisfy.

2. On December 9, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.078% on December 23, 2019, and driving B K7 cars at the front of the new regal distance located in the Heung-gu New Gung-dong, Young-gu, Young-si, with approximately 1km from the front of the road in front of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on actual condition, notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. A medical certificate;

1. On-site and vehicle photographs, and photographs and on-site photographs taken of the suspect's breath test process;

1. Previous convictions indicated in judgment: Application of second-class Acts and subordinate statutes to criminal records, repeated statements and copies of summary order;

1. Article relevant to facts constituting an offense and processing of selective traffic accidents;

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