beta
(영문) 대전지방법원 2020.09.09 2020고정649

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a Bbe new car.

On February 29, 2020, the Defendant, while under the influence of alcohol of 0.142% of blood alcohol concentration at around 01:00, the Defendant driven the said car, and led to the operation of the said car to the flusium from the flusium on the side of the flusium of Daejeon U.S. to the flusium.

Since there is an intersection where signal lights are installed, in such a case, the driver had a duty of care to live well on the right and the right and the right of the driver, and to prevent the accident by driving safely in accordance with the signals.

그럼에도 불구하고 피고인은 이를 게을리한 채 술에 취한 상태에서 차량 신호 적색등화에 신호를 위반하여 그대로 진행한 과실로 마침 피고인의 승용차 진행방향 우측에서 좌측으로 신호에 따라 직진하던 피해자 C(27세) 운전의 D K5 승용차의 앞 범퍼 부분을 피고인이 운전하던 승용차의 우측면 부분으로 들이받아 그 충격으로 K5 승용차가 튕겨져 나가며 앞 범퍼 부분으로 보도에 있는 가로수를 들이받게 하였다.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt dynasium and tensions that require approximately two weeks of treatment.

2. Around 01:00 on February 29, 2020, the Defendant driven a Bbe new car under the influence of alcohol content of about 8km from the section of about 0.142% of alcohol content from the front of the Seo-gu building, Seo-gu, Daejeon, to the sub-gu, Seo-gu, Daejeon, Seo-gu, U.S. V.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment concerning criminal facts;