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(영문) 의정부지방법원 2020.10.28 2020고단3907
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 30, 2018, the Defendant issued a summary order of KRW 2 million at the Cheongju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

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

On July 14, 2020, the Defendant driven the said car while under the influence of alcohol of 0.161% of alcohol concentration 0.161%, and proceeded at a speed that makes it impossible to identify one-lane in the front of the Ministry, Department, Go-ro, 1164 as a chill in the East Yancheon-si, Samcheon-si.

At the time, there was a duty of care to prevent traffic accidents by safely driving a person engaged in driving a motor vehicle, such as: (a) a person engaged in driving a motor vehicle is at night; and (b) a person engaged in driving a motor vehicle is narrow; and (c) a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by accurately

Nevertheless, in the course of overtaking the victim C (Nam, 54 years old) who was on the right side of the defendant's vehicle in the course of driving a bicycle by negligence of occupational negligence while under the influence of alcohol while neglecting it, the defendant got the victim to the right side of the vehicle and got the victim to go beyond the road.

Ultimately, the Defendant caused the victim to suffer from the above occupational negligence, “a shoulder and the arms in need of approximately two weeks’ medical treatment.”

2. Around 20:42 on July 14, 2020, the Defendant driving a BNS car under the influence of alcohol content 0.161% from the 3km section to the 3km road of the Ministry, the Ministry, Government and Home Affairs located in 1164 from the front of the 1 public parking lot in Songcheon-si 720, Dong-gu, 2020 to the front of the 13km road.

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

Summary of Evidence

1. The defendant's oral statement;

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