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(영문) 청주지방법원 2020.08.18 2020고단814
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 6, 2018, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Cheongju District Court on December 6, 2018.

1. The defendant is a person who is engaged in driving a vehicle BM3 in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On February 9, 2020, the Defendant driven the above vehicle at around 01:15, and driven the above vehicle with a blood alcohol concentration of 0.122% 0.12%, and led the front of the decentralization road, which is located 1037 street in the 1 cycle of Seowon-gu, Seowon-gu, Seowon-gu, Seog-gu, Seog-gu, to the front of the west sand outflow.

In this case, the driver of the motor vehicle has a duty of care to properly see the backside and the left and right of the motor vehicle and to prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and was placed on the front part of the D taxi driven by C with a stop signal due to a sudden negligence. The Defendant was placed on the back part of the said vehicle.

Ultimately, the Defendant suffered injury to the victim E, who is the passenger of the above damaged vehicle due to the above occupational negligence, such as salt, tension, etc. in need of approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) driving a vehicle BM3 under the influence of alcohol concentration of about about 20km from the front of a restaurant in the mutual infinite-gu Seoul Metropolitan City, Cheongju-si to the front road of the powder distance of about 1037, Seo-gu, Seog-gu, Seog-gu, Seog-gu, Seog-si, the Defendant driven a vehicle BM3 vehicle under the influence of alcohol concentration of about 0.122%.

As a result, the Defendant violated the provision on the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in C and E;

1. A survey report on the actual condition and a medical certificate;

1. Statement of the state of a drinking driver, report on the results of the drinking driving control, site, and vehicle photograph;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (report attached to the same kind of power), and summary orders;

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