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(영문) 수원지방법원 2020.08.21 2020고단3437
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

On June 5, 2013, the Defendant issued a summary order of KRW 5 million to a fine of KRW 5 million by a violation of the Road Traffic Act at the Suwon District Court on June 5, 2013, and on April 12, 2017, the same court issued a summary order of KRW 5 million by a fine of KRW 5 million by a violation of the Road Traffic Act.

The defendant is a person who is engaged in driving a B-to-car.

On February 16, 2020, at around 01:45, the Defendant was under the influence of alcohol with 0.142% of blood alcohol concentration 0.1%, and was under the influence of the camp that is set up on the left side while driving a studio in front of the studio in the ethical City C from the Do park to the embankment at the slope of the Do park, the Defendant got back to the right side of the Dorr's left side and again parked on the right side.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear by properly operating the steering gear and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, went through while neglecting it, and the victim E (Nam and 25 years old) who passed around the above accident place is the Defendant, but did not get off, and followed the right development of the victim's vehicle after the left side of the above-mentioned vehicle and followed the victim's right development with the wheels, thereby incurring about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs of the police statement of E;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving (the statement made by the victim of the SS3 vehicle);

1. Medical certificates, certificates of medical treatment, and clinics;

1. Records of judgment: Criminal history records, reply reports, and application of double-class Acts and subordinate statutes of summary order;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and the Criminal Act;

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