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(영문) 춘천지방법원 2020.10.28 2020고단784
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

[Criminal Power] On December 19, 2018, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car B high-speed car.

On June 24, 2020, at around 13:50, the Defendant, while under the influence of alcohol of 0.191% with blood alcohol level without obtaining a driver’s license, proceeded with the intersection in front of the “D police box,” which is located in the Gangwon-gun C, Gangwon-gun, Gangwon-gun, the Defendant proceeded with the intersection in front of the “D police box,” which is located in the said vehicle in the B, Seocheon-gun, Gangwon-do.

Since this is an intersection without a central line sign, there was a duty of care to safely drive a motor vehicle, such as seeing the front side and accurately operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and proceeded as it is while driving at the opposite lane, and the Fcoon of the victim E (the 60-year-old driver) driving on the opposite lane was led to the left top of the said car by the Defendant’s driving.

Ultimately, the Defendant suffered injury to the Victim G (the 61 years of age) who was on board the victim E and the said victim’s driver’s car at the same time due to the occupational negligence as above, such as “a fluoral salt and tension” in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Free Driver) without obtaining a driver’s license at the above time, driving the said vehicle at a section of approximately 500 meters from the front of the “Iwon” in the Gangwon K to the front of the “D police box,” which is located in C, while under the influence of blood alcohol level of 0.191%, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report (report on the circumstances of an immigration driver);

1. A survey report on actual condition, inquiry into the results of crackdown on drinking driving, and a circumstantial statement of a drinking driver;

1. Each written diagnosis;

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