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(영문) 의정부지방법원 고양지원 2020.06.11 2020고단504
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

1. The Defendant is a person who is engaged in driving a car with Bsch Rexroth, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On December 23, 2019, the defendant, around 21:30, passed two-lanes on the front road in Yongsan-gu, Yongsan-gu, Busan Metropolitan City, in the vicinity of the village of the mountain, into the front road in the vicinity of the mountainous district.

At the time, there was a vehicle in the same direction on the front side of the defendant's vehicle, so in such a case, the driver of the vehicle had a duty of care to see the front door well and to prevent the accident in advance by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, failed to accurately operate the steering gear and brakes accurately, shocked the back end part of the Erocketing car driven by D (D, nationality), which was in the front line, with the part of the Defendant’s wheeling ahead of the rocketing car. due to its shock, the Defendant shocked the victim F (F, South, 59 years old) who was under the influence of the vehicle, and was under the influence of the vehicle, and driven by GM car driven by F (F, South, 59 years old).

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim F, such as salt, tensions, etc. of the horse in need of approximately two weeks of medical treatment, and the injury to the victim H (Y, 55 years of age) who was aboard the said BMW car, such as salt, tensions, etc. in need of medical treatment for about two weeks of age.

2. On July 14, 2012, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Goyang branch court of the Jung-gu District Court on July 14, 2012.

【Criminal Facts】

The Defendant driven Bone Star, while under the influence of alcohol concentration of approximately 0.048% from the section of about 100 meters from the front to the site of the accident described in paragraph (1), on the roads of the Bone Star-gu and Seoyang-gu Seoul Metropolitan City (hereinafter referred to as the “Wone Star-gu”).

Accordingly, the defendant is driving under drinking.

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