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(영문) 의정부지방법원 2020.12.14 2020고단3929
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 7, 2010, the Defendant was issued a summary order of KRW 5 million by the Jung-gu District Court for the violation of the Road Traffic Act (driving).

【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 August 1, 2020, at around 00:50, the Defendant was under the influence of alcohol at 0.081% of alcohol level 0.081%, and was under the influence of alcohol, following the roads adjacent to the area 144, the draft line of the Sincheon-si, Sucheon-si, the Defendant was under the influence of D apartment protection from the area of C school.

Since there is a one-lane road, in such a case, the driver has a duty of care to operate the steering system, brakes and other devices of the vehicle in a correct manner, and to operate the vehicle in a safe way by properly examining the direction of the operation.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to keep the direction well and was negligent in driving the vehicle, and was negligent in driving the vehicle in order to make a right-hand at the right-hand side of the victim E (E, E, E, 39 years old) driving, which was stopped to turn the vehicle back from the rear side of the vehicle of the victim E (E, E, E, 39 years old).

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and suffered injury to the victim G (V, 30 years of age) who was accompanied by the head of the patrol vehicle to the victim G (V, 30 years of age) in need of medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a vehicle B, while under the influence of alcohol, with the blood alcohol concentration of 0.081% at a two-meter section adjacent to the road located adjacent to the draft area located adjacent to 144, in the case of the temporary border as set forth in the above paragraph (1).

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The internal investigation report and the blood alcohol concentration in each traffic accident report E and G.

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