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(영문) 대전지방법원 2020.08.13 2020고단2026

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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. On January 23, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a BHabban car with a blood alcohol concentration of 0.115% at around 02:00, while driving the BHaban car at around Daejeon Jung-gu C and D Hospital along the two-lanes of the two-lanes at the end of the four-lanes, and driving the tea.

When changing the vehicle line, there was a duty of care to predict the change of course by operating the direction, etc., and to change the vehicle line in line with the situation of traffic in the front and rear.

Nevertheless, under the influence of alcohol, the Defendant neglected to keep the vehicle on the right side, and neglected to change the vehicle line to the right side, and caused the Fleth of the victim E (the age of 51) driving, which was in the atmosphere of the signal, to shock the back and fences of the vehicle into the front part of the right side of the vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim E, such as “finites and tensions,” which requires approximately two weeks of medical treatment, and injury to the victim G (age 43) who was on board the head of the victim’s vehicle (age 43) who was on board the victim’s seat, tension, etc. requiring approximately two weeks of medical treatment.

2. Around 02:00 on January 23, 2020, the Defendant driven B motherbage vehicle at a section of about 30 km from the front of a cafeteria in the mutual influence-dong, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, to the place of the accident in the preceding port, while under the influence of alcohol by 0.15% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes on the measurement of drinking alcohol, such as the report of traffic accidents by the police report on the actual condition of the drinking driver, the investigation report on the situation of the drinking driver (report on the situation of the drinking driver), the inspection report on the results of the crackdown on drinking driving, and

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of sound driving);

1. Commercial concurrence;