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(영문) 수원지방법원 2020.11.20 2020고단5960
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

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 January 16, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act by the Gwangju District Court.

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

On July 27, 2020, at around 11:12, the Defendant driven the above cargo while under the influence of alcohol of 0.167 percent of blood alcohol concentration, and led to the direction of the Korean folklore in the direction of permitted viewing in accordance with the two-lanes near the D three-lane near the D three-lane located in the Heungung-gu, Young-gu, Gung-si C.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering room and the right and the right and the right of the motor vehicle and to accurately operate the steering gear.

Nevertheless, due to the negligence of neglecting this, the Defendant received the back portion of the victim E(39 years of age) driving a FK7 car in the front direction of the signal at the front of the said cargo vehicle.

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

2. On July 27, 2020, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.167% on July 11, 2020, and the Defendant driven B-wing and high-class freight vehicle B-III in the five-lane section, from the front of the building in the wife population G, to the D-C located in the Heung-si, G-si, G-si.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on traffic accidents, reports on internal accidents, and photographs of the scene of accidents;

1. Report on the circumstantial statement, investigation report, and response to requests for appraisal by the drinking driver; and

1. A medical certificate;

1. Records of judgment: Application of two copies of a statement of criminal history records, a summary order, and a copy of the summary order to two Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act

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