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(영문) 수원지방법원 2020.12.10 2020고단6443
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight 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 October 8, 2013, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court, and on June 22, 2016, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. The Defendant violated the Road Traffic Act at around 18:35 on August 3, 2020, driving D Poter truck at a section of about 30 km in front of the office of selling the apartment in front of the wife population C apartment unit, in the condition of under the influence of alcohol of 0.194% by blood alcohol level.

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

2. The defendant is a person who is engaged in driving service of DPoter2 cargo vehicles.

On August 3, 2020, the Defendant driven the above cargo while under the influence of alcohol 0.194% of blood alcohol level on August 3, 2020, and led to the driving of the above cargo along three-lanes of the road in front of the wife population C uniting office in permissible city.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding while driving in front of the Defendant’s driving direction, was driven by the victim E (Nam, 27 years old) who stops in the signal atmosphere, and the part of the Defendant was driven by the Defendant’s vehicle in front of the passenger vehicle.

Ultimately, the Defendant suffered injury to the victim E, the victim G (V, the 23 years old), and the victim H (V, the 28 years old), respectively, by occupational negligence, for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written diagnosis;

1. Traffic accident reports, related photographs, circumstantial statements of the driver concerned, investigation reports.

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