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(영문) 의정부지방법원고양지원 2020.10.22 2020고단1930
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 23, 2015, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court.

【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 a car B K5 car.

On June 11, 2020, the Defendant operated the above car 1329 Han-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong on June 11, 2020 to drive the said car, while under the influence of alcohol level of 0.108%, the Defendant was proceeding from the chill to the chill.

In this case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and there was a duty of care to safely drive a motor vehicle while properly operating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was able to receive the back part of the Do SM6 passenger vehicle driven by the victim C in front of the vehicle driven by the Defendant due to negligence while neglecting this, as the front part of the vehicle driven by the Defendant.

As a result, the Defendant suffered from the victim’s injury, such as salt dynasium, which requires approximately two weeks of treatment by these negligence.

2. Around 08:38 on June 11, 2020, the Defendant driven a BK5 passenger vehicle under the influence of alcohol concentration of 0.108% under the influence of alcohol level 0.108% from the first day of sobrying sobari-dong Yari-dong to the underground street of 1329 Handong-dong, Dong-dong 1329.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. A written diagnosis of the defendant's legal statement C: The actual condition survey report, the scene of the accident, the circumstantial statement of the driver involved in the incident, the investigation report, and the notification of the results of crackdown on drinking driving;

1. The reference report on criminal records, etc. (A) and the application of Acts and subordinate statutes to investigation reports (the same criminal records);

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