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(영문) 수원지방법원 2020.05.28 2020고단176
교통사고처리특례법위반(치상)등
Text

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

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

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

At around 23:00 on December 10, 2019, the Defendant was under the influence of alcohol with 0.104% of blood alcohol concentration, and was under the influence of alcohol, the Defendant was under the influence of 0.104% of alcohol level, from the waterside c ahead of the Gyeonggi Ethro, to the waterside tent.

Since it is a one-way passage marked with the prohibition of entry, the driver has a duty of care to live well on the right and the right and the right of the driver, and not enter the one-way passage according to the traffic safety facility sign or the signal direction.

Nevertheless, the Defendant neglected this and caused the victim D (the 32 years old)'s ES5 vehicle's left-hand part on the left-hand part of the above Defendant's vehicle, which is driven along the one-way traffic route by negligence driving a one-way traffic route while under the influence of alcohol.

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

2. On December 10, 2013, the Defendant was issued a summary order of KRW 7 million by the Seoul Central District Court for a violation of the Road Traffic Act.

The Defendant, while under the influence of alcohol level of 0.104% on the date and time set forth in paragraph (1), driven B Poter Cargo Vehicles at approximately KRW 800 meters from the front side of G Elementary School located in F in Gyeonggi E in the event of Gyeonggi Ethrification to H.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (verification of criminal records);

1. Relevant legal provisions concerning criminal facts, Article 3(1), proviso of Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(1), and Article 44(1) of the Road Traffic Act.

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