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(영문) 수원지방법원 여주지원 2021.02.16 2020고단1274
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

[Power of crime] On February 9, 2018, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of road traffic law (driving) at the Suwon Friwon.

[Criminal facts]

1. On August 3, 2020, the Defendant driven a DNA fright-free vehicle under the influence of alcohol with approximately 0.146% alcohol concentration in the 1km section from the front of the apartment house B in Ischeon-si to the front road of the same city C apartment.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol despite the fact that the Defendant violated the prohibition of drinking.

2. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a vehicle with DNA mother.

On August 3, 2020, the Defendant driven the above mother low-speed vehicle around 21:15, and led to the front road of the apartment of Echeon-si to drive the front road of E-section 3 from E to F-section 3, the two lanes between E and F-lane 2.

In such cases, the driver of a motor vehicle has a duty of care to thoroughly see the front side and the left side and the left side of the motor vehicle and to prevent the occurrence of an accident in advance by accurately manipulating the steering gear and brakes.

Nevertheless, the defendant neglected this and did not discover the victim G (YY) who crosses the road to the right side from the left side of the defendant's moving direction to the right side while under the influence of alcohol like the above paragraph 1, and did not discover the victim G (YY) who crosses the road to the right side, and got the victim's body to go beyond the floor.

As a result, the Defendant suffered injury to the victim, such as cerebral alins, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report of a traffic accident, inquiry into the results of crackdown on drinking driving, investigation report (report on the situation of the driver in charge), and notification of the results of crackdown on drinking driving;

1. The initial measure of G Diagnosis.

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