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(영문) 전주지방법원 군산지원 2020.02.07 2019고단1527

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On October 14, 2015, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on October 14, 2015.

【Criminal Facts】

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

On November 2, 2019, at around 06:25, the Defendant driven the said car while under the influence of alcohol of 0.038%, and led the D’s intersection in front of the instant car in Ysan-si C to proceed from the margin of the etho distance to the boundary of the new interest distance.

Since there was a cross-section where signal lights are installed, there was a duty of care to prevent accidents in advance by making it possible for a person engaged in driving a motor vehicle to live well on the front side and the right and the right of the motor vehicle, and entering the intersection in accordance with the new code.

Nevertheless, even if the Defendant neglected to perform sob and neglected to do so, the Defendant got off the front part of the Victim F (Age 62) driving GF (Age 62) driving, which was conducted in accordance with the new code, from the eth of the city sports park, due to the negligence of entering the intersection and driving the front part of the car, even though the Defendant neglected to do so, to the right side of the car driven by the Defendant.

After all, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving B 2 truck at a section of about 3.5 km from the front of the Samsungdong Office located in Samsung-dong, Samsung-si, Samsung-si, under the influence of alcohol with a blood alcohol content of 0.038% at the time and time stated in paragraph 1.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Previouss before ruling: Criminal history records, investigation reports (the previous records and confirmation of the suspect);