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(영문) 수원지방법원평택지원 2020.11.05 2020고단901
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 17, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Sitewon as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The defendant is a person who is engaged in driving of Bros vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 20, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.084% of alcohol level around 00:40 on March 20, 202, and led the vehicle to proceed to the direction of the sub-branch in the direction of the internal distance in the direction of the Ansan-si.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and by accurately manipulating the steering direction and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and had the victim C's DNA driver's gale vehicle, who was in the atmosphere of the signal at the front section of the road, and received the driver's panion in front of the Round vehicle.

As a result, the Defendant suffered injury to the victim, such as the impairment of bodily integrity, which requires approximately two weeks of treatment, due to the above occupational negligence.

2. Although the Defendant was punished for a violation of the Road Traffic Act (driving) and was driving a Bros vehicle under the influence of alcohol 0.084% of the blood alcohol concentration from the section of about 5km at a cafeteria located in Pyeongtaek-si located in the inside and outside of Pyeongtaek-si to the academicized distance located in Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding survey report, diagnostic report, and internal investigation report (victim C telephone communications);

1. Notification of the control of drinking driving;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, and imprisonment with prison labor;

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