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(영문) 수원지방법원 2020.11.05 2020고단4624
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

[Criminal Power] On January 11, 2008, the Defendant received a summary order of KRW 700,000 from the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) that is a person engaged in driving of B rocketing motor vehicles;

At around 04:50 on June 15, 2020, the Defendant driven the above vehicle and continued D's front road located in the Heung-gu, Young-gu, Young-gu, Young-si, to a new airbrison from the E Hospital.

Since there is a road where the passage of a motor vehicle is frequent, there was a duty of care to safely drive the motor vehicle by checking the front side and the left and right of the person engaged in the driver's duty.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.136%, did not fluorly fluorly fluorly fluorly drive the victim F (the age of 45) who was under the influence of the signal waiting vehicle at the front by negligence, and fluor of the victim F (the age of 45) who was under the influence of the signal waiting vehicle at the front, shocked the part concerning the front part of the Defendant’s vehicle. The Defendant fluor of the victim H (the age of 51) fluor of the said cargo vehicle by shocked the part concerning the rear part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victims, such as salt, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence.

2. On June 15, 2020, the Defendant: (a) on June 15, 2020, driven the said rocketing vehicle under the influence of alcohol by 0.136% at the section of about 5km from the roads near the mutual influora-dong, Young-si to the places indicated in the preceding paragraph, from the roads near the mutual influora-dong to the places indicated in the preceding paragraph.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and H;

1. Each written diagnosis;

1. A traffic accident report (on-site survey report), a home-employed driver’s circumstantial statement report, and an investigator’s report;

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