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(영문) 수원지방법원 2020.06.25 2019고단7384
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

1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving service of freight vehicles B and one ton;

On August 15, 2019, at around 20:40, the Defendant driven the above cargo while under the influence of alcohol with 0.219% of alcohol concentration. On August 15, 2019, the Defendant moved back the front of the Suwon-gu C private-distance D apartment at the Young-si, Suwon-gu, to the unsurging speed from the Heung-si to the unsurging surface.

In this case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly operating the steering time and accurately operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the previous week and neglected to do so, and found that the Farburged car driven by the victim E prior to the front day was stopped for the signal atmosphere, and operated late. However, the Defendant did not avoid any farb, and farged the vehicle behind the said cargo vehicle by the front part of the said cargo vehicle.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim E, such as salt panion, which requires approximately two weeks of medical treatment, and the victim G, who is a passenger of the foregoing Aburged car, suffered from each injury, such as light panion, which requires approximately two weeks of medical treatment.

2. Around 20:40 on August 15, 2019, the Defendant driven a 1 ton truck with a blood alcohol content of 0.219% at a section of approximately 400 meters from the front road of He apartment in Young-gu, Suwon-gu, Suwon-si to the front road of the same Gu C history D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report - The actual condition investigation report; and

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1), the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(3)1 of the Road Traffic Act concerning criminal facts;

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