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(영문) 춘천지방법원 원주지원 2020.01.30 2019고단1345
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2013, the defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the credit branch of Suwon District Court on October 11, 2013.

1. Around 21:55 on November 13, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was under the influence of 0.084% of alcohol among the blood transfusion of a passenger car and was driving in the door from the inside of the city of the original city of the original city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city, while the person engaged in the driving of the vehicle was under the duty of care to safely drive the vehicle by neglecting his/her duty of care under the influence of alcohol, despite the fact that the person engaged in the driving of the vehicle was under the duty of care to safely drive the vehicle of the victim D (W, 42 years of age) by negligence while driving the vehicle

The Defendant suffered injury to the above victim by occupational negligence, such as salt, tensions, etc., which requires treatment for about two weeks, and suffered injury to the victim F (18 years of age) who is the passenger of the damaged passenger car, such as salt, tensions, and so on.

2. On November 13, 2019, the Defendant driving a sports car in the state of alcohol alcohol concentration of 0.084% at the section of approximately 600 meters from G from the front side to the front side of the same city from the original city at the original city at KRW 21:55, Nov. 13, 2019.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims prepared D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Photographs related to the case;

1. Records of judgment: Criminal history records, reply reports (A), investigation reports (Attachment to a summary order of the same kind of power, - Application of a summary order) and statutes;

1. The proviso to Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

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