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(영문) 수원지방법원안산지원 2020.10.30 2020고단2739
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 13, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in Ansan Branch of the Suwon District Court. On November 9, 2010, the Defendant was sentenced to a suspended sentence of KRW 2 million for 4 months for a crime of violation of the Road Traffic Act. On December 12, 2013, the same court issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act to the same court.

【Criminal Facts】

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On June 25, 2020, the Defendant driven the above cargo while under the influence of alcohol of 0.039% with a blood alcohol concentration of 08:50% on June 25, 2020, and driven the roads of five lanes in front of the elementary area and underground roads located as the center of the Dong-gu in Ansan-si, Ansan-si.

The first, second, and third lanes of roads are roads entering underground lanes, and the fourth and fifth lanes are roads not entering underground lanes that are likely to cause frequent traffic congestions depending on the direction of vehicle operation. In such a case, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent accidents by driving the vehicle by safely, such as making it possible for the driver of the vehicle to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the accurate operation of steering devices and brakes.

Nevertheless, under the influence of alcohol, the Defendant had a victim C (hereinafter referred to as 45 years old) who had been driven by the victim C (hereinafter referred to as the “C”), who had been driven by the Defendant’s vehicle due to negligence while neglecting it, got the front part of the Defendant’s vehicle, and caused the above liquid vehicle to spread to the front part of the Defendant’s vehicle.

Ultimately, the Defendant’s perception that the above occupational negligence requires approximately two weeks of treatment to the victim.

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