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(영문) 의정부지방법원 고양지원 2020.06.10 2020고단743
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 19, 2008, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) in a high-level district court of the Jung-gu on the violation of the Road Traffic Act.

On January 27, 2020, at around 17:40, the Defendant violated the prohibition of drunk driving by driving a motor vehicle in the E-pact-type under the influence of alcohol level of about 1.4km from around 1.4km to the front road of the “D convenience store” in the same Gu C, at least 17:55, the same day.

2. On January 27, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person engaging in driving of a motor vehicle in the E SPP area. On January 27, 2020, the Defendant driven a motor vehicle in the SP area under the influence of alcohol and driven the road in front of the “D convenience point” from the FP school to the high salary point on the side of FPP school.

At the time, the Defendant’s front-time passenger car driven by the victim G(34 years old) was a traffic signal. In such a case, the Defendant had a duty of care to live well in the front-time room, observe the traffic signal, and properly manipulate the steering and brakes to prevent the occurrence of an accident.

Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to properly operate the brake system while neglecting such duty of care as seen above, and received the back part of the passenger car driven by the victim G as the front part of the passenger car.

Ultimately, the Defendant suffered injury to the victim G and the victim I (the age of 31) who was on board the passenger car in the above occupational negligence, such as the catum salt, tensions, etc. in need of treatment for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement prepared by G;

1. The actual condition survey report and the master driver;

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