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(영문) 대전지방법원 서산지원 2019.09.05 2019고단241
교통사고처리특례법위반(치상)등
Text

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. Around 00:00 on February 2, 2019, the Defendant driven a D low-speed car while under the influence of alcohol leveling 0.09% from the section of approximately 2.5km from the front of Seosan City B to the front of C in the same city.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle with the above highest Pest.

On February 2, 2019, the Defendant driven the said car as a job around 00:00 and proceeded along the two-lane road in front of the Seosan City, Seosan City, along the two-lane road from the private distance slope to the boundary of the Seosan Police Station, and came into the intersection.

Since there was an intersection where signal, etc. is installed in the front bank, there was a duty of care to check whether a person engaged in driving service has a vehicle, etc. to cross by reducing speed, and whether a person engaged in driving service has a duty of care to drive safely according to the signals.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting and proceeding with the vehicle driving signal while neglecting it, and the part on the front side of the driver’s seat of the FFD car driven by the victim E (W, 26 years old) who was on the right side of the vehicle driving in the direction of the Defendant, was driven by the Defendant’s vehicle driving log.

Ultimately, the Defendant suffered injury to the victim, such as a closed flasium, which requires approximately nine weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by G concerning traffic accidents;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Investigative report (Listening to the witness G phone statement of a traffic accident);

1. Report on the result of drinking control;

1. A manual for measuring drinking alcohol;

1. A medical certificate (E) and a statement of opinion on patient treatment;

1. Acts and subordinate statutes governing the scene of detection;

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