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(영문) 의정부지방법원 2020.11.10 2020고단3682
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

On November 25, 2016, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) from the Chungcheong District Court.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car with B Cost Star.

On July 1, 2020, the Defendant driven the said car while under the influence of alcohol of 0.113% of blood alcohol level on July 1, 2020, and led to the driving of the said car at a speed of 0.13% on the two-lane roads in front C in the city of Gyeonggi-do from the valley to D High School at a speed that would not be known by two-lanes in front of the city of Gyeonggi-do.

At the same time, there was an intersection where signal apparatus was installed, so in such a case, there was a duty of care to reduce the speed to a person engaged in driving of a motor vehicle, check the signal light, observe the signal, and safely prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, has been negligent in driving at the same speed, continued to proceed at the same speed and followed by the negligence of entering the said intersection, led to the direct margin signal to the long-distance long-distance long-distance long-distance side of the victim E (E, South, 33 years old) driving the same intersection from the eropic underground street on the side of the new eropic road.

As a result, the Defendant suffered injury, such as salt, tension, etc., by occupational negligence, to the victim, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) in a manner of under the influence of alcohol by 0.113% at the temporary border, such as the above 1.1.m., the Defendant driven Bone Star car at the 1km section from the 363m section to the intersection located in the same 432m in the same city from the beginning of the shot (shot (YY) and near the 363m radius at the Government of Gyeonggi-si.

Accordingly, the defendant is not less than twice the prohibition of drinking driving.

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