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(영문) 대전지방법원 천안지원 2021.03.08 2020고단3397

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 sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing motor vehicle.

1. On June 18, 2008, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) in the Daejeon District Court’s Support for the Incheon District Court.

Defendant 1, who had been punished for driving a motor vehicle, etc. under the influence of alcohol as above, driven the said motor vehicle under the influence of alcohol with approximately 0.050% alcohol concentration in the blood alcohol content at the 6km section from D’ in front of the west-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the F charging Station located in the same Gu E from around 14:35 on December 3, 2020.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said rocketing motor vehicle around the date and time set forth in paragraph 1, while driving the said rocketing motor vehicle, and driving the two lanes of the two lanes in front of the Frando 2nd line in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, with the speed from G hospital to sexual

Although a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by taking into account the right and the right and the right of the motor vehicle, the defendant was negligent in the course of driving due to negligence in the course of performing duties under the influence of alcohol as set forth in paragraph (1) and caused the back portion of the left side of the driving of the victim H (V, South, and 6 years old) driving in front of the direction of the defendant's driving.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebrovasil, in which there is no room to treat the victim for approximately two weeks open.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A medical certificate;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Photographs, black stuffs image photographs;

1. A traffic accident report and investigation report;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (related to the same criminal records as the suspect), and application of related summary order statutes;

1. Handling of traffic accidents under relevant Articles of the Act and selective punishment concerning facts constituting an offense;