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(영문) 대전지방법원 홍성지원 2021.02.09 2020고단980

교통사고처리특례법위반(치상)등

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The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 29, 2020, the Defendant driven a B Mtez car around 08:20, while under the influence of alcohol level 0.066% in blood, and proceeded at a speed of about 60 km per hour from the side of the intersection where red-gun C is inserted with a three-distance intersection in front of Red-gun C with a red-proof plane.

Since there are three-distance intersections and agricultural roads connected to the same intersections, the driver of the vehicle has a duty of care to prevent accidents by thoroughly operating the steering gate and the steering system properly.

Nevertheless, the Defendant neglected to go through a alcohol-free city and failed to properly operate the steering direction and brakes at the same intersection, and discovered late the Defendant’s bicycle riding of the victim E ( South, 87 years old) who was running ahead of the Defendant from D to the farming side, and did not avoid it, thereby receiving the victim’s bicycle on the left-hand side of the Defendant’s driver’s vehicle.

As a result, the Defendant suffered serious injury, such as freshing fresh, freshing fresh, freshing freshing, dreshing, or freshing at least freshing fresh, greshing freshing of an open bresh, chreshing, freshing, freshing of freshing fresh, freshing of fresh, and freshing of freshing fresh, etc., which had no address in the open bresh.

Summary of Evidence

1. Application of Acts and subordinate statutes on site photographs to the defendant's legal statement, survey report on actual condition, and diagnosis report on drinking driving control;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(3)3 and 44(1) (the point of drinking alcohol and the choice of imprisonment), Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of causing occupational injury, the selection of imprisonment without prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures under the Criminal Act;