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(영문) 대전지방법원 천안지원 2020.07.24 2020고단1118

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than one year and six 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) by the Defendant is a person engaged in driving a car B K9.

On April 12, 2020, while the Defendant was under the influence of alcohol at around 09:25, the Defendant driven the said vehicle at a 0.082% alcohol level, and went to the opposite direction while driving the said three-lane of the “D” road on the side of the “E hospital” in accordance with the three-lanes of the road at the “E hospital” as “Fhigh School,” the Defendant got to turn to the opposite direction. On the other hand, the Defendant got to the left side of the vehicle driven by G (E hospital, South and 63 years old) at the seat of the “E hospital” in the face of the Ministry of Labor from the occupational negligence in which the Defendant was under the influence of alcohol and turned to the opposite direction while driving the said three-lane of the “D” road at the seat of the “E hospital,” the Defendant got to the left side of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of treatment for about two weeks.

2. On May 3, 201, the Defendant issued a summary order of a fine of KRW 1.5 million to a fine for a violation of the Road Traffic Act in the Daejeon District Court's branch court on May 3, 201.

On April 12, 2020, the Defendant, while under the influence of alcohol 0.082% of blood alcohol level around 9:25, 020, driven a BK9 car from approximately 60 meters away from the front of the “J cafeteria” road located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-si, to the road adjacent to the “D”.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A survey report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, on-site photographs, and black and video photographs;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts and the Selection of Punishment shall be applicable.