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(영문) 수원지방법원안양지원 2020.08.12 2020고단774
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] On October 24, 2008, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 20:00 on April 9, 2020, the Defendant driven a Fcoon-Ban cargo vehicle under the influence of alcohol leveling 0.076% from the 500-meter section from the roads in front of the C Post Office located in Mayang-si, Mayang-si, Mayang-si, to the roads in front of the said Gu.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

2. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a bareboat cargo vehicle.

The defendant, around April 20, 2020, had two-lane roads located in Sanyang-gu D, Sanyang-si, Sanyang-si, Sanyang-si, and had three-lane roads in front of the E-type and the front of the E-type roads go along two-lanes from the inside bank of Seoul.

At the time, the Defendant’s front door was installed a crosswalk with signal lights, the vehicle stopped signal, and the H golf car driven by the victim G (V, the age of 45) stops according to the above stop signal. In such a case, there was a duty of care to prevent accidents in advance by safely driving the manual and steering gear, such as observing the signal with respect to the person engaged in driving the vehicle, and accurately operating the manual and steering gear.

Nevertheless, the Defendant neglected this and failed to comply with the stop signal while under the influence of alcohol level of 0.076% and did not properly operate as it is, as described in the above Paragraph 1, and caused the Defendant’s failure to observe the stop signal while under the influence of alcohol level of 0.07%, and caused the part behind the Defendant’s vehicle driving with the front part of the freight vehicle.

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.

Summary of Evidence

1. The defendant's oral statement;

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