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(영문) 창원지방법원통영지원 2020.12.09 2020고단1066

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 September 7, 2010, the Defendant was issued a summary order of two million won or more as a fine for a violation of the Road Traffic Act in the Changwon District Court’s branch court’s branch court on September 7, 2010.

On April 24, 2020, at around 00 00:10, the Defendant driven D car with D car under the influence of alcohol 0.117% at the center of the same city from the Cbuin road located in Tong-si B to the 204-2 earth and the intersection at the center of the same city.

Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.

2. On April 24, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a DKa-type car with a blood alcohol concentration of 0.117% at the center of Tong Young-si, while driving the DKa-type car at the speed of 04-2 and the intersection of 204-2 at the center of Tong Young-si, with a speed of about 50 km from the north New Road to the E-section.

At the time, there is a duty of care to safely drive a motor vehicle by operating the motor vehicle, because it is at night, and it is an intersection with a yellow flickering signal at which it is installed, so the motor vehicle driver has a duty of care to safely drive the motor vehicle by driving the motor vehicle at the intersection before entering the intersection, and by accurately manipulating the front and the right and the right and the right

Nevertheless, the defendant's negligence of neglecting alcohol while driving on the left side of the running direction of the defendant's vehicle, and the victim F (F.S. 20) driving on the right side of the G80 car driven by the victim F.S., the back side of the G80 car was shocked by the front side of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Police suspect interrogation protocol concerning F of the defendant's statement in court;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification on the control results of drinking driving, and reply to a request for analysis of a traffic accident;

1. The scene of an accident with a medical certificate;