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(영문) 의정부지방법원 2020.11.11 2020고단3226
교통사고처리특례법위반(치상)등
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 5, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court, the summary order of KRW 1 million for the same crime at the Jung-gu District Court on August 15, 201, and the summary order of KRW 5 million for the same crime at the same court on February 17, 2014, respectively.

【Criminal Facts】

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

On June 1, 2020, the Defendant driven the above cargo while under the influence of alcohol of 0.162% of blood al.e., 05, and proceeded at a speed of 2616 e.g., the head of Sincheon-si, the head of Sincheon-si, the 5th e.g., the e., the e., the e., the e., the e., the e., the e., the e. the e., the e.

At that time, there was a center line of yellow-ray, so in such a case, there was a duty of care to safely drive the motor vehicle to prevent the traffic accident by driving the motor vehicle along the vehicle line.

Nevertheless, the Defendant, while neglecting the influence of alcohol, did not avoid the D-wing and cargo vehicle of the injured party C (Emb, 55 years old) driving in the opposite direction due to the negligence of driving the central line by breaking the center line, and received the front right part of the damaged vehicle due to the loaded part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc. in need of treatment for about two weeks by occupational negligence as above.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant, at the section of about 18 km from the end of the memorial park located in the luminous area in the Southern-si, Namyang-si to the front of the Gyeonggi-si, the Defendant driven the B-wing truck with a blood alcohol concentration of 0.162% under the influence of alcohol at a level of about 18 km.

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

Summary of Evidence

1. The defendant;

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