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(영문) 대전지방법원 2020.03.19 2019고단4816

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

On July 10, 2019, at around 22:15, the Defendant driven B K5 vehicle with a blood alcohol concentration of 0.17%, and proceeded at a speed of about 60 km from the side of the Daejeon Seo-gu Daejeon, along the intersection of the Dju station located in Daejeon Metropolitan City C at a speed of about 50 km from the beginning of the Daejeon Metropolitan City.

At the time, there was night and non-working, so in such a case, the driver of the vehicle has a duty of care to see the front left well and to maintain a sufficient safety distance with the front vehicle by accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, is proceeding as it is even though the victim E, who was driven by the victim E, was a F rocketing taxi and was in the atmosphere of signaling and stopping.

The part of the defendant's passenger vehicle front part was the victim's taxi back part.

As a result, the Defendant suffered injury, such as salt, tension, etc., by occupational negligence, to the victim, for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Report on traffic accident (i.e., report on traffic accident, dice photograph, site photograph of accident, drinking measuring photograph, and inquiry request for appraisal;

1. Application of Acts and subordinate statutes of the medical certificate (E);

1. Article 3 (1) and Article 3 (2) (proviso) 8 of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Article 62 (1) of the Criminal Act on probation;

1. An order to attend a course shall be ruled as ordered by the reason of not less than two Article 62-2 of the Criminal Act;