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(영문) 대전지방법원 공주지원 2021.03.23 2021고단40

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 23:00 on December 30, 2020, the Defendant driven a D low-speed car with alcohol content of about 50 meters in a section of approximately 00 meters from the adjacent road of B apartment to the front road of C apartment in the public city in the public city in the public city, with alcohol level of about 0.150%.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle with D low-priced motor vehicles.

At the time of the day referred to in the preceding paragraph, the defendant tried to proceed two lanes in front of the C apartment in front of the city bus at the end of the city bus at a speed of about 20 km per hour depending on the E-section from the end of the door of the city bus to the end of the city bus.

Since there are frequent places in which vehicles and residents pass along, there was a duty of care to secure the view of a person engaged in driving of a motor vehicle and to safely drive the motor vehicle by checking the right and the right of the front.

Nevertheless, while under the influence of alcohol content 0.150% in blood, the Defendant was under the influence of alcohol, due to negligence in progress without securing a pipe by not removing a pipe from the glass window of the said vehicle, and thereby, the Defendant was under the front part of the said vehicle by the victim F ( South, 52 years old) who walked on the left side from the right side of the Defendant’s running direction to the left side.

Ultimately, the Defendant suffered from the victim’s occupational negligence, such as the abandonment in the left-hand end of the 7 weeks medical treatment, which is in need of approximately seven weeks.

Summary of Evidence

1. The defendant's legal statement F traffic accident report (1)(1)(report on the circumstances of the driver in charge of the State, investigation report(report on the situation of the driver in charge of the State), diagnosis report on the scene of the accident, application of CD-related Acts and subordinate statutes

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. Article 37 of the Aggravation of Concurrent Crimes Act.