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(영문) 대전지방법원 서산지원 2020.07.23 2020고단495

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for four 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 B high-speed car.

On February 9, 2020, the Defendant driven the said car under the influence of alcohol level of 0.060% on blood alcohol level around 0.00, while driving the said car, and driving the DNA oil station front of it in Seosan City C along the two-lanes of the two-lanes, the Defendant driven the 50km speed from E to F apartment room.

At the time, the driver was at night and the defendant was driven by the victim G (Nam, 52 years old) in the front section of the defendant, and therefore, the driver was engaged in driving business and the driver was obliged to look at the front section and the right and the right and the right and the right and the right and the right and the right and the right and the right of the driver and to prevent the accident in advance.

Nevertheless, while under the influence of alcohol, the Defendant neglected to perform his/her duty in the front section of the Track in the front section of the Defendant, and received the rear part of the Track in the front section of the Defendant’s car.

As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires treatment between two weeks, due to the above occupational negligence.

2. Around February 21, 2020, the Defendant was under the influence of alcohol at around 0.060% of blood alcohol level, and the Defendant driven a B low-speed car at a section of about 2 km from the road near the name branch office located in the Sinsan-Eup, Seosan-si, Seosan-si to the roads front of the Diju station located in Seosan-si, Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to accident site photographs and diagnostic certificates;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (3) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;