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(영문) 대전지방법원 2020.02.21 2019고단4266

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP land.

On October 3, 2019, the Defendant driven the said car with a blood alcohol level of 0.106% at around 01:20, while under the influence of alcohol, and led to the two-lane middle-lanes of the two-lanes located in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, to proceed along the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes.

In such cases, a driver of a motor vehicle has a duty of care to take the front side and left side and right side well and to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, due to the negligence of the Defendant’s negligence while neglecting this, the Defendant got off the victim C (Nam, 40 years old) driving along two lanes from the front bank of the Defendant, following the victim C (Nam, 40 years old), who was under the influence of alcohol, into the front right part of the driver’s car in front of the Switzerland.

As a result, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of treatment to victims E (V, 35 years of age) who were on board the victim C and damaged vehicles due to the above occupational negligence.

2. On October 17, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Daejeon District Court on October 17, 2008.

On October 3, 2019, at around 01:20, the Defendant driven a B Sti-type car under the influence of alcohol concentration of about 15 km from the date on which it was located in the Chang-gu, Chang-gu, Seoul Special Metropolitan City to the point on which it was located in the non-exclusive highway 250km in the same city.

Accordingly, the defendant violated the prohibition of drinking driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement of traffic accident situation 1.