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(영문) 수원지방법원안산지원 2020.10.07 2020고단2007
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

On March 27, 2014, the defendant was issued a summary order of KRW 3 million due to the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the crime of violation of the Road Traffic Act.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with B A-Wurd-C

At around 17:10 on May 9, 2020, the Defendant, while under the influence of alcohol of 0.068% of blood alcohol concentration, had the three-lane roads in the front of D in Ansan-si, Nowon-gu, Agsan-si, U.S., turn to the left according to the Fside from E to Fside.

In this case, the driver of the vehicle had a duty of care to live well with the signal signal apparatus and turn to the left safely in accordance with the new code because there was a private crossing of the signal apparatus that had been controlled by the traffic according to the signals of the signal apparatus.

Nevertheless, the Defendant neglected this and caused the victim G (V) who was crossing a bicycle on a mast crosswalk by negligence in violation of the red signal signal to turn left the left, to go beyond the Hand after a sudden stop.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving at approximately 3 km section from the road specified in the preceding paragraph on the front side of the Ansan-gu Ho Park, a member of Ansan-gu, in a state of under the influence of alcohol content of 0.068% at a temporary border such as the preceding paragraph.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal statement, the investigation report on the actual condition of his/her oral statement, the diagnosis report on the circumstantial statement of his/her drinking driver, the photograph related to the accident, and the CDs attached to the defendant's vehicle booms;

1. Previous records before ruling: Criminal records, investigation reports (a copy of the summary order of the same kind of power), and summary order Acts and subordinate statutes;

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