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(영문) 수원지방법원성남지원 2020.08.19 2020고단886
교통사고처리특례법위반(치상)등
Text

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

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 the operation of a Bbea cruise car;

On February 8, 2020, the Defendant driven the said car under the influence of alcohol of 0.139% in blood alcohol concentration at around 09:00, and changed the said car to three-lanes while driving it on the roads of approximately four-lane 126 km away from the west-dong, Seoul, the west-gu, Sungnam-si, Seoul, the lower court changed to four-lanes, while driving it from the JC bank to the Cheongj-gu, the lower court proceeded along four-lanes.

It is an expressway with a lot of vehicle traffic, so in such cases, a person engaged in driving of a motor vehicle shall not drive the motor vehicle under the influence of alcohol, and there was a duty of care to drive the motor vehicle safely by checking well whether there is another motor vehicle on the lane to change course.

Nevertheless, the Defendant neglected this and led the Defendant to the right side of the D-Ma-Ma-Ma-Ma-Ma, driven by the victim C (Nam, 40 years old) who was driven at three-lanes of E-Ma-Ma-Ma-Ma-Ma, which was driven by the Defendant, to the front side of the left side of the said B-Ma-Ma-Ma-Ma-Ma

Ultimately, the Defendant suffered injury to the victim C, such as the definite dume, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. On June 28, 2017, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violating the Road Traffic Act.

At around 09:00 on February 8, 2020, the Defendant driven a Bbee-cracked car under the influence of alcohol content of about 0.139% in the section of about 13km from the front day of the F University located in Young-gu, Suwon-si, Sungnam-si to the point where approximately 126 km roads (Haak-dong) are located in Sungnam-si, Seonam-dong, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement on the occurrence of a traffic accident;

1. The actual survey report, the report on the occurrence of traffic accidents and the medical certificate;

1. The circumstantial statement of an employee will be made;

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