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(영문) 수원지방법원 여주지원 2020.05.25 2020고단313
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(Criminal Power) On September 26, 2017, the Defendant was sentenced to a suspended sentence of two years for eight months of imprisonment with prison labor for a violation of the Road Traffic Act (recognition refusal) at the credit branch of the Suwon District Court on September 26, 201, and the judgment on October 11 of the same year becomes final and conclusive.

(Criminal Facts) The Defendant is a person who is engaged in driving a B rocketing car.

1. On February 15, 2020, the Defendant driven the said vehicle under the influence of alcohol by 0.177% in the section of approximately 1km from the “D funeral home” located in Ischeon-si C to the front of the 177 new Jinari street in the same city.

2. On February 15, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol level of 0.177% on blood alcohol level on February 15, 2020, and driven the said car according to the one-lane distance of 177 Sincheon-si, Echeon-si, Mancheon-si, a two-lane from the surface of the water in Echeon-si, to the surface of the backside bank.

In such cases, drivers have the duty of care to prevent accidents by accurately operating steering the steering and brake system in the front and the surrounding traffic situation and other vehicles, while maintaining the distance of the vehicle in a safe way.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to take into account the traffic situation in the front and the surrounding areas, was driven by the victim E, who was parked in accordance with the new subparagraph, due to the negligence of driving the vehicle in the front and rear, and received the part of the driver’s vehicle in front of the Defendant’s driver’s vehicle.

As a result, the Defendant suffered injury to the victim, such as the injury to the victim, the injury to the integrity of the mouth, the injury to the outcome of the judgment, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. A traffic accident report (1) (2) and a report on the occurrence of a traffic accident;

1. The circumstantial statement of an employee will be made;

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