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(영문) 수원지방법원 평택지원 2021.03.05 2020고단1939
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On July 11, 2014, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking) from the Suwon District Court on the grounds of the violation of the Road Traffic Act. On August 14, 2014, the Defendant received a summary order of KRW 1.5 million for the same crime in the same court.

1. On July 22, 2020, the Defendant: (a) driven a car under the influence of alcohol of about 200 meters in a section of about 0.120% in blood, from the road near the shooting distance of Pyeongtaek-si B building to the road front of Pyeongtaek-si; (b) around 23:32, 202, the Defendant driven a car under the influence of alcohol of about 0.120% in blood.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

2. The Defendant is a person engaging in driving service of a car known to D.

On July 22, 2020, the Defendant driven the said car on July 22, 2020 to drive the said car in the direction of “Saebro” in the direction of “B building distance.”

At the time, there was a night, and there was a signal at all times, so that a person engaged in driving of a motor vehicle has a duty of care to prevent an accident by checking well the front door.

Nevertheless, under the influence of alcohol as described in paragraph 1, the Defendant did not see the injured party E ( South, 61 years old) who stops in the signal atmosphere at the front, and did not see the Fystnael taxi at the age of 61, and did not see the front part of the above-mentioned taxi due to the negligence of stopping at the latest, and shocked the front part of the above-mentioned taxi.

As a result, the Defendant suffered, by the above occupational negligence, the injury of the victim E, such as finite base and tension, which is a side part of the said cab requiring approximately two weeks of medical treatment, and the injury of the victim G (the remaining and aged 24) who is the passenger of the said cab, such as dinite base and tension, which require approximately two weeks of medical treatment.

Summary of Evidence

1. The defendant's legal statement and investigation report (No. 10 times a net time);

1. Report on the circumstances of a driver making a drinking and report on the results of drinking control;

1. Each traffic accident report and inspection report;

1. A previous conviction in judgment:

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