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(영문) 수원지방법원 2020.10.15 2020고단4852
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On October 26, 2007, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court on the grounds of the violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person who is engaged in driving a passenger car.

On July 1, 2020, the defendant driven the above car at around 07:30 on July 1, 2020, and stopped in order to signal the road in front of the zone C at the time of Suwon.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to the influence of alcohol, and there was a duty of care to prevent accidents in advance by accurately manipulating the equipment such as steering gear and fishing.

Nevertheless, the Defendant neglected to do so and was negligent in operating a motor vehicle due to an erroneous operation of the next-hand fishing, and was driven by the victim D (Nam, 38 years old) who was under the influence of the motor vehicle behind the motor vehicle due to the driver's negligence, and was driven by the victim D (Seoul and 38 years old) with the front-hander of the motor vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving a car from G in the F of the wife population at the time of the temporary border as described in paragraph (1) to the front road of Suwon-si, Suwon-si, with a blood alcohol concentration of about 25 km at about 0.180% under the influence of alcohol at around 0.180%.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) : A report on detection of a motor vehicle driver and a report on the circumstances of the motor vehicle driver;

1. A medical certificate;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (same-class records), and application of Acts and subordinate statutes of one copy of summary order;

1. Criminal facts;

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