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(영문) 의정부지방법원 고양지원 2020.02.13 2019고단3601
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On November 25, 2019, at around 06:30, the Defendant driven the above cargo with a blood alcohol level of 0.04% 0.04%, and continued to drive the said cargo at the mouth 267-21, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, and the front of the river under the influence of alcohol into the Incheon Airport. However, if the Defendant neglected to perform the duty of front guarding at the entrance of the Incheon Airport under the influence of alcohol, the Defendant’s failure to perform his duty of front guarding at the entrance of the victim C (38 years old) who was driving at the front of the vehicle at the front of the vehicle due to occupational negligence, caused the following parts of the back portion of the D Poter’s D Poter’s freight to the front portion of the Defendant’s cargo and the shocked D Poter’s cargo to the rear end end portion of the victim E (49 years old) driving.

The defendant suffered approximately two weeks of treatment to the victim C and the victim E through occupational negligence, respectively.

2. On September 23, 2015, the Defendant is a person who has been issued a summary order of a fine of five million won for a violation of the Road Traffic Act at the credit support of the Suwon District Court on September 23, 2015.

The Defendant driven B Poter cargo vehicle under the influence of alcohol level of 0.044% at the same time and place as that of paragraph (1), as in paragraph (1).

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Statement of the results of the drinking driving control;

1. Each written diagnosis;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (report attached to summary orders of the same kind of case), and application of Acts and subordinate statutes governing summary orders;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving);

1.Article 40 of the Criminal Code of Trade and Trade.

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