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(영문) 의정부지방법원고양지원 2020.11.05 2020고단1416
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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 9, 2013, the Defendant received a summary order of KRW 1,50,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

The defendant is a person who is engaged in driving a motor vehicle B.

On March 30, 2020, at around 03:05, the Defendant driven the said car with the blood alcohol concentration of 0.084%, and driven it at the second freedom located in the port of the Tong-gu, U.S. in the ancient cities, the Defendant proceeded at the speed of 165-182 km from the side of Seoul to the wave along one lane.

Since it is a motorway with a restricted speed of 80 km per hour, there was a duty of care to prevent accidents in advance by complying with the restricted speed and accurately operating steering devices and brakes.

Nevertheless, the Defendant neglected this and neglected to change the lane in the state of alcohol over 85 km a speed of speed at a speed of more than 85 km a speed without permission, and received the back portion of the D SPP car driven by C(W, 29 years old) who was driving in the two-lanes prior to the Defendant’s direction.

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.

Summary of Evidence

1. A written diagnosis of the Defendant’s legal statement C (C) report on a traffic accident, report on the occurrence of a traffic accident, report on the accident site and accident vehicle photograph, report on the circumstances of the driver involved in the accident, report on investigation, report on the investigation (report on the circumstances of the driver involved in the drinking driving), report on the results of crackdown on drunk driving, CD CD and response to requests for appraisal;

1. An inquiry inquiry report, investigation report (verification of a previous record of sound driving), and application of Acts and subordinate statutes governing summary order;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (3) 3 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act concerning criminal facts;

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