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(영문) 대전지방법원 2020.02.13 2019고단4361

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The defendant is a person who is engaged in driving of a B-low vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Road Traffic Act.

On October 7, 2019, the Defendant driven the said car with the blood alcohol concentration of 0.138% 0.138% around 20:5 on October 7, 2019, and turned the roads in front of the Seo-gu Daejeon Seo-gu, Seo-gu, Seo-gu, into the area of the Ne-galle distance outflow from the Ne-galle distance to the two-lanes of the four-lane.

At night, there is a vehicle that stops under the new subparagraph due to signal lights, etc. in the front section. In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well in the front section while under the influence of alcohol and to maintain the safety distance with the vehicle in front and drive the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to secure the safety distance, caused by negligence, and caused the back-line of the Franchis car driven by the victim E (E, South and the age 62) in the front direction of the Defendant’s course to the front offender of the Defendant’s driver’s vehicle, and caused the shock to the front offender of the Defendant’s driver’s vehicle, which was driven by the victim G (E, the age 66) who was driven by the said passenger while driving the said car in the front direction.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim E in brain-dead in the absence of a head open room for approximately two weeks, the injury to the victim I (the victim I, 56 years old), the passenger of the above car, and the victim J (the 52 years old), respectively, for approximately two weeks of medical treatment; the injury to the victim K (the 54 years old), the passenger of the above victim G and the above mother-learning car; and the victim L (the 71 years old), respectively, suffered from the injury to the brain-dead in the absence of a head open room for two weeks of medical treatment. The above car was 3,952,278 won in total for repairing the above car, and the victim J. (the 52 years old) suffered from the injury to the brain-dead car.