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(영문) 수원지방법원 2020.02.13 2019고단6459
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal power] On April 18, 2008, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Suwon District Court on the same day, and seven million won as a fine in the same court on September 23, 2015.

【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 motor vehicle with B A-Wurd-

On October 15, 2019, the Defendant was under the influence of alcohol of 0.153 percent of blood alcohol concentration around 21:20 on October 15, 2019, and the Defendant was under the influence of alcohol of 0.153 percent, depending on two laness near D entrance distance located in the Ginnsi Population C in the Ginsi-si, Gin-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and continued to proceed on the front bank, and received the back portion of the F&L car of the victim E (W, 48 years old) waiting in the front bank as the front part of the said A/L car.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

2. On October 15, 2019, the Defendant was under the influence of alcohol by 0.153 percent of blood alcohol concentration around 21:20 on October 21, 2019, and was driving a B A-purd vehicle at a section of approximately 500 meters from the D entrance distance from the H cafeteria parking lot located in the wife G in the city of permissible city to C.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The circumstantial statement of the employee;

1. A traffic accident report;

1. Notification of the results of the drinking driving control and measurement place;

1. On-site photographs, suspects, and on-site photographs;

1. A medical certificate;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes of criminal history records, reference reports (A), investigation reports (limited to previous records and copies of summary orders);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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