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(영문) 수원지방법원 평택지원 2020.05.07 2019고단1690
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

[criminal power] The Defendant was issued a summary order of a fine of KRW 4 million at the Suwon District Court on August 10, 2012 by committing a violation of the Road Traffic Act (driving) at the site of Pyeongtaek District Court on August 10, 2012.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a vehicle B in the context of a traffic accident resolution vehicle B.

On October 18:23, 2019, the Defendant was driving the said vehicle while under the influence of alcohol level of 0.170% from the three distance front of the D gas station in Pyeongtaek-si C to the E elementary school.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant, by negligence of neglecting the above duty of care on the left left at the right-hand left-hand turn due to the negligence of the Defendant’s negligence, received the part behind the Gamburged car operated by the Victim F (hereinafter “F”) from the front part of the Defendant’s driver’s vehicle, and caused the Defendant to suffer injury, such as the chill, tension, etc., in need of approximately two weeks of treatment.

2. Around October 18:30 on October 7, 2019, the Defendant violated the provision prohibiting driving under the Road Traffic Act by driving a vehicle with a alcohol level of approximately 0.170% in the section of approximately 700 meters from the 700 meters away from the roads near Pyeongtaek-si H apartment to the front three distance of the DNA oil station in Pyeongtaek-si C, thereby violating the provision prohibiting driving under the influence of alcohol under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement of statement;

1. Report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, investigation report, report on the circumstantial statements of a drinking driver, and report on the results of crackdown on drinking driving;

1. A medical certificate;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind as a suspect);

1. Relevant provisions concerning facts constituting an offense;

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