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(영문) 대전지방법원서산지원 2020.12.09 2020고단1064

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for a term of one year and two 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

On January 26, 2017, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act, from the Seosan Branch of the Daejeon District Court on January 26, 201.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a car at the GaV80 fourth city.

On July 22, 2020, the Defendant driven the said vehicle at a speed of 0.135% with a blood alcohol concentration of 0.135% on July 22, 2020, and led the Defendant to drive the said vehicle at a speed of about 10km per hour prior to the front of the “D” billiard.

At the same time, since the F K7 car driven by the victim E (Nam & 23 years old) was a stop on the right side of the road of the defendant's moving direction, there was a duty of care to prevent the accident in advance by properly manipulating the steering direction and brake system to the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the above K7’s right-hand part in front of the said K7’s car as the front right-hand part of the Defendant’s car.

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.

2. Around 16:25 on July 2, 2020, the Defendant was driving a BV80 No. 45% of alcohol alcohol concentration at approximately 40 meters from the Do in front of “H” located in Seosan-si G to the front road of “D” road in Seosan-si, Seosan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report on traffic accidents;

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, reply reports, and summary orders;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Facts constituting an offense, and Article 3 (8);