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(영문) 대전지방법원 천안지원 2020.03.20 2019고단3381

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 22, 2013, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Daejeon District Court’s Incheon District Court’s branch on April 22, 2013. On August 21, 2014, the same court was sentenced to a fine of KRW 4 million for the same crime. On May 20, 2019, the Defendant was issued a summary order of KRW 9 million for the same crime.

【Criminal Facts】

The Defendant is a person who is engaged in driving a K5-car.

1. On November 1, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) passed along the four-lane road in front of the D in Seo-gu, Seo-gu, Seowon-si, Seowon-si, in accordance with the four-lane distance from the edge of the E Middle School to the valley of the water.

In this case, the driver of the motor vehicle has a duty of care to take full account of the front side and the left side and the right side of the motor vehicle and to prevent accidents in advance by accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected this and was negligent in driving under the influence of alcohol concentration of 0.187% without a driver’s license without a driver’s license, and received the part behind the FF Track vehicle, which was under a stop, in order to make a right-hand at the front.

Ultimately, the Defendant suffered injury to the victim G (the age of 37) due to the foregoing occupational negligence, such as salt, tensions, etc. in the chill that requires approximately two weeks of medical treatment.

2. The Defendant was punished for driving under the influence of alcohol as above, but the Defendant driven the said vehicle under the influence of alcohol of about 0.187% without a driver’s license, within a section of approximately 1 kilometer from the I cafeteria located in Seo-gu, Seowon-gu, Seowon-si to the accident location as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A medical certificate;

1. Reports on the occurrence of a traffic accident;