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(영문) 대전지방법원서산지원 2020.08.12 2020고단447

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person who is engaged in driving a car with Bsch Rexroth, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

At around 18:20 on March 7, 2020, the Defendant driven the above van while under the influence of alcohol with 0.124% of alcohol level 0.124%, and proceeded to turn to the left at a speed that is impossible to know by two-lanes in the direction of the police box in the direction of the tamper in the direction of the tamper.

At the same time, the left or left turn is an intersection that can turn to the left at the time of a straight-line signal, so if a left turn to the left is made according to the straight-line signal of a vehicle, the driver of the vehicle has a duty of care to reduce the speed to the driver of the vehicle, to look well at the right and the left, and to turn to the left so as not to interfere with the vehicle from the opposite side at the time of the signal, and to prevent the traffic accident.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the victim C(ma, 41 years old)'s furn and the front part of the third cargo vehicle, which was driven by the vehicle straight signal at the opposite lane due to the negligence of left-hand turn on the vehicle straight signal at the two-lanes of the vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the removal of the body satisfy to the right satfy, which requires approximately nine weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the Bone Star Corer under the influence of alcohol 0.124% of alcohol level at approximately 500 meters in a 500-meter radius from the front road at the time of the temporary border as described in the above paragraph (1) to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. An accident site photograph;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts and special cases concerning the selection of punishment for traffic accidents;