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(영문) 대전지방법원 2020.02.21 2019고단4476

교통사고처리특례법위반(치상)등

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

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On September 26, 2019, the Defendant driven the above cargo while under the influence of 0.061% of alcohol level 0.061% of the blood alcohol level from September 26, 2019, and driven the frontway in Daejeon E Apartment-gu C, to the Fhigh School.

In this case, a person engaged in driving service has a duty of care to properly see the front side and the left side and the left side and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant, under the influence of alcohol, neglected to do so, led to the Defendant’s negligence, which led to two-lanes from the G Apartment to the F high-speed distance from the G Apartment, to the right side of the victim H(27 years old) driving, which was driven along two-lanes from the G Apartment.

Ultimately, the Defendant suffered injury to the victim H by occupational negligence, such as the cryp, scarcity, and scarcity, which require approximately three weeks of medical treatment.

2. On January 25, 2016, the Defendant received a fine of KRW 3 million as a crime of violating the Road Traffic Act in a resident support for the Daegu District Court on January 25, 2016.

On September 26, 2019, at around 19:20, the Defendant driven B Poter-II cargo vehicles under the influence of alcohol content of approximately 0.061% from the front of K Middle School located in the Daejeon Seo-guJ to the front of D in Daejeon Seo-gu, with approximately 1.9km of alcohol content of about 1.9km.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. Fact-finding report, notification of results of the regulation of drinking driving, inquiry into the results thereof, report on the circumstantial statements of drinking drivers, report on the circumstances of drinking drivers and report on internal accidents;

1. Registers of driver's licenses;

1. A medical certificate;

1. On-site photographs and black boxes.