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(영문) 수원지방법원 안양지원 2020.06.17 2020고단430
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 September 1, 2005, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Suwon District Court.

【Criminal Facts】

1. The Defendant appears to have violated the Road Traffic Act (driving) as stated in the indictment on January 28, 2020 appears to be a clerical error in the phrase “ January 28, 2019” in the indictment on January 28, 202.

Around 00:30, a person driving a motor vehicle with Dent alcohol concentration of about 1 0.10% under the influence of alcohol at the section of about 1 km from the roads adjacent to the Sinpo City B to the roads adjacent to the Sinpo City of Mapopo City of Mapopo-si.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle with Dives.

On January 28, 2020, the Defendant driven the above vehicle at 00:55, and proceeded with the four-lane road in front of the lifelong education hall distance in the Sinpo City of Sinpo City at Chum. The Defendant had a duty of care to keep the vehicle in front of the vehicle in front of the Sinpo City of Sinpo City at Chum, and to prevent the accident by maintaining the speed of the vehicle in front of the vehicle in front of the Sinpo City of Sinpo City of Sinpo City of Sinpo City of Sinpo City of Sinpo City of 60km.

Nevertheless, while the Defendant neglected to do so under the influence of alcohol level 0.101% and proceeded with the restricted speed exceeding 31 km per hour, the Defendant fell into the front part of the Defendant’s vehicle, following the Fone Star Cargo, which was driven by the victim E (the aged 62) who temporarily stopped from the front part of the Defendant’s running direction to the signal line.

Ultimately, the Defendant was accompanied by the above victim E and the above cargo due to occupational negligence.

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