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(영문) 대전지방법원 2020.04.03 2019고단3656

교통사고처리특례법위반(치상)등

Text

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

[2019 Highest 3656]

1. On September 4, 2019, the Defendant driving a benz car in the section of about 5 km from the roads adjacent to Sejong-si, Sejong-si, to the sunrise-si, Sejong-si, in the influence of alcohol by 0.171% of alcohol concentration.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a passenger car at Benz.

On September 4, 2019, at around 22:45, the Defendant driven the said car while under the influence of alcohol of 0.171% of blood alcohol concentration, and led to driving the said car along the three-lane road along the intersection 3 lane from the intersection of Sejong City by not later than 2077 width, along the two-lanes of the said road from the intersection of Sejong City.

At the time, it is night and where there are many usual traffic flows. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front door and the left door and the left door, and accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant was negligent in driving a car under the influence of alcohol without showing the right and the right and the right and the right and the right and the part of the victim C(Y, 54) driver's seat and the right and the right and the right and the right and the right and the right and the right and the right portion of the victim C(Y, 54) driver's seat in the same direction three-lane.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt, tension, etc. of the bones of a wood that requires medical treatment for about two weeks, and suffered injury on the victim E (the 16-year old-age-old) who is the passenger of the said Frias car, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The report on the actual condition of a traffic accident, the report on the occurrence of a traffic accident, the report on the circumstantial statements of a drinking driver, the report on the actual condition of a drinking driver, and the report on the results of the drinking control; and