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(영문) 수원지방법원 성남지원 2021.03.25 2020고단3609
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On July 21, 2020, 00:20, the person who was under the influence of alcohol driven the said vehicle without obtaining a driver's license, and the driver was driving the said vehicle at a speed of 100 km per hour depending on the speed of 5 km from among the seven-lane roads of the 405.9km (HaHanding) in the vicinity of the Pungnam-si, Sungnam-si.

At that time, the defendant was followed by D dump trucks driven by the victim C (47 sump trucks) prior to the same direction, and therefore, the driver of the motor vehicle had a duty of care to ensure safety distance to avoid the suspension of the dump trucks, secure safety distance to avoid it, and safely manipulate the brake and steering gear so as to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding and received a part of the victim's dump truck subsequent to the victim's dump truck.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. On the same date and time as paragraph 1, the Defendant driven a vehicle of benz without obtaining a driver’s license in approximately 17 km from the 156-ro, Gangnam-gu, Seoul, and from the 4th calendar calendar, the Gyeongnam-gu, Sungnam-si, to the 405.9km-dong, Sungnam-si, the Gyeongnam-si, the Gyeongnam-gu, the Gyeongnam-gu, without obtaining a driver’s license.

3. On March 20, 2020, the Defendant was issued a summary order of a fine of six million won for a violation of the Road Traffic Act by means of a violation of the Road Traffic Act at the source of the water source method.

On July 21, 2020, the Defendant: (a) at F Hospital located in Seongbuk-gu, Sungnam-si, Sungnam-si; (b) from the slope H affiliated with G of the Gyeonggi-do National Police Agency G of the Gyeonggi-do National Police Agency; (c) was drinking at the accident site; and (d) was the Defendant’s person.

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