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(영문) 청주지방법원 영동지원 2020.04.23 2019고단182

교통사고처리특례법위반(치상)등

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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

On July 1, 2013, the Defendant driven a motorcycle while under the influence of alcohol with 0.080% of alcohol, and received a summary order of KRW 1 million as a fine for the same crime from the same support on December 26, 2017, from the Youngju District Court’s Yeongdeungpo-dong Branch on August 1, 2013 (2013 high-speed388), and issued a summary order of KRW 1 million as a fine for the same crime under the influence of alcohol with 0.094% of the blood alcohol concentration on November 30, 2017.

(2017 Highest 640) The Defendant is a person engaging in driving a motorcycle BVL125 Z (124C).

1. On October 14, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above motorcycle while under influence of 0.149% of blood alcohol level around 16:30 on October 14, 2019, and led it to turn to the left at a speed of about 40km from Daejeon to the intersection of three-distance crossing near the D Elementary School located in Chungcheongnam-gun C, Chungcheongnam-gun, Chungcheongnam-gun.

There are three-distance crossings where signal lights are installed and where a direction sign allowing non-protective left-hand turn to green lights is attached, and there was a duty of care to ensure that a person engaged in driving service has a duty of care to keep the front and left-hand turn so that it does not interfere with other vehicles normally passing in accordance with the new code and safely drive it.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left at the green light by negligence, and brought down the part of the victim F (ma, 50 years old)'s Gco or the driver's seat in the light of green light, followed by the driver's seat in Gco or passenger car, and shocked with the front part of the above motorcycle.

Ultimately, the Defendant suffered injury, such as salt pans, etc. in the main and main parts requiring approximately two weeks of treatment due to occupational negligence.

2. On October 14, 2019, the Defendant violated the Road Traffic Act (driving) in front of the D elementary school bus stops (driving direction) in the Hacheon-gun C, Chungcheongnam-gun, Chungcheongnam-do around 16:30 on October 14, 2019.