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(영문) 대전지방법원 서산지원 2021.01.27 2020고단1265

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

1. The Defendant is a person who is engaged in driving a motor vehicle with a lurged motor vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 14, 2020, the Defendant driven the said car under the influence of alcohol content of 0.234% in blood around 01:00, while driving the said car at a speed of 0.234%, and proceeds at a speed of one-laned road of 1185,000,000,000 1185,000,000.

Since there is an intersection where the center line of yellow double-fluoron line is installed, in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front line and the right and the right and the right and the right, and safely

Nevertheless, under the influence of alcohol, the Defendant neglected this and went through the center line due to the negligence of the Defendant’s flicking of the center line, and the part on the left-hand side of the Flicker car in the victim E (Y, 36 years old) driving, which took place in the opposite part 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 medical treatment due to occupational negligence.

2. Defendant 1 driven a motor vehicle with alcohol content of 0.234% in the 8km section from the front of G in Jin-si in Jin-si in Jin-si in Jin-si in the above day to the road of Jin-si in Jin-si in Jin-si in Jin-si in Jin-si in the above day.

Summary of Evidence

1. Statement by the police in relation to the defendant's legal statement E;

1. A survey report on actual conditions;

1. A written appraisal;

1. Statement of the circumstances of the driver involved in driving;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(3)1 and 44(1) (the point of drinking alcohol, the choice of imprisonment), Article 3(1), the proviso to Article 3(2)2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;