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(영문) 수원지방법원 2020.11.26 2020고단1911
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On December 20, 2019, the Defendant was issued a summary order of KRW 8 million at the Suwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving B K5 cars.

On February 7, 2020, around 03:37, the Defendant driven the said car in two lanes in the direction of the straight distance from the direction of the straight distance.

At the time, since there was a new wall, there was a duty of care to accurately operate the steering direction and brake system of the vehicle and to prevent accidents in advance by driving the vehicle in a safe way.

Nevertheless, the Defendant, while driving under the influence of 0.062% of blood alcohol level without a driver's license, neglected the above duty of care and received a road flusium and flusium on the right side of the Defendant's moving direction from the front flusence of the vehicle driven by the Defendant due to negligence, and suffered injury, such as double flusium, which affected the victim D (the age 24) who was accompanied by the said vehicle for about four weeks in need of medical treatment.

2. On February 7, 2020, the Defendant driven a vehicle BK5 vehicle without obtaining a driver’s license in a state of under the influence of alcohol concentration of about 0.062% from the distance of about 3.5km from the water station in front of the water station located in 924 in Suwon-si, Suwon-si, to the water station in front of the water station at KRW 3.5km.

As a result, the Defendant violated the regulations prohibiting drinking driving more than twice, and at the same time, operated without a license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A medical certificate;

1. The report on traffic accidents, the report on the circumstantial statement of a drinking driver, the investigation report, and the result of drinking alcohol measurement;

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