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(영문) 수원지방법원안산지원 2020.12.11 2020고단4000
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On November 16, 2009, the Defendant was issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.

The Defendant is a person who is engaged in driving of B-2 cargo vehicles.

1. On 18:45 on 2020, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.094% from the section of about 4 km from the ridge-dong to the front road of the members of Ansan-si, Ansan-si, Ansan-si around 18:45 on 18:09.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) was under influence bypassing the two-lane roads prior to D having the same time and place as the above 1. paragraph (1).

Since there was a long distance crossing where signal lights are installed, the driver of the vehicle has a duty of care to observe the signal and ensure the safety by checking the front and rear left well, and to accurately operate the steering direction and brake system so that the driver of the vehicle has a duty of care.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and did not properly look at the front and rear left, and was committed in the front and rear bank by negligence.

In front of the crosswalk, the victim E (the age of 27) parked in front of the crosswalk was driven by the lower end of the left-hand part of the vehicle driven by the Defendant, with the front part of the vehicle driven by the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. The investigation report on actual condition of the statement made by the police to E, the report on the occurrence of traffic accidents, and related photographs;

1. Notification and recording of the results of the regulation of drinking driving, the results of the regulation of drinking driving, the inquiry into the actual state of drinking drivers, and the written diagnosis of the investigation report (report on the circumstances of drinking drivers);

1. Previouss before judgment: Criminal history records;

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