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(영문) 대전지방법원천안지원 2020.09.21 2020고단1793

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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the Lone Star Cargo Vehicle B.

1. Around June 29, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) proceeded at the speed of the Si-high speed in accordance with the speed of the three-lanes in front of the Asan City C History in the direction of alcohol content 0.047%, while under the influence of alcohol on June 29, 2020.

At all times, since a yellow on-and-off signal is installed, a driver who intends to make a left-hand turn has a duty of care to temporarily stop and check whether there is a vehicle, etc. being driven in the opposite direction.

Nevertheless, the Defendant neglected to do so and led the Defendant to the left side of the FCA100 on the left side of the victim E (Nam, 47 years old) driving, who was in the opposite direction due to negligence, was faced with the Defendant’s front side on the left side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as double duplicating the body that requires treatment for about 10 weeks due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving the vehicles as referred to in paragraph (1) under the influence of alcohol concentration of about 0.047% at a section of about 100 meters from the street in front of the dry field restaurant in the G of Asia-si at a temporary border, such as paragraph (1), to the front day of the same city C private street.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Measurement of suspect drinking, scene of accident, vehicles under consideration, and photographs of damaged earth and rocks;

1. The circumstantial statement of the employee;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to investigation reports (victim E telephone conversations);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(3)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act shall apply to drunk driving;