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(영문) 대전지방법원서산지원 2020.08.20 2020고단494
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On February 11, 2020, the Defendant driven the above cargo while under the influence of alcohol 0.145% from blood alcohol level around 21:30 on February 21, 2020, while driving the said cargo, which is located in C at the time of acceleration, and driving about about 30 km from E to F-section, depending on the three-lane roads in front of the D gas station.

At the time, there was an intersection where signal lights are installed at night and at the front, so the driver engaged in driving of a motor vehicle had a duty of care to prevent accidents in advance by accurately manipulating the front door 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 motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim G (ma, 35 years old) who was in the atmosphere of the signal at the front bank due to the negligence of neglecting the front line, and was driven by the victim G (ma, 35 years old) as the front line part of the cargo II.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim G, such as salt, tensions, etc., in need of treatment between approximately two weeks, and the victim I (ma, 63 years old), and the victim J (J, 57 years old) suffered, respectively, the injury of the tensions, tensions, etc. requiring treatment between approximately two weeks.

2. Around 21:30 on February 11, 2020, the Defendant driving a B Poter-II truck in the section of about 1km from the front of the L cafeteria located in K at Si of Si of Si of Si to the front of the D Poter located in Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Gu of Si of Si of Si of Gu of Si of Si of Gu of 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, I, and J;

1. The actual survey report and the accident site photograph;

1. Notification of the result of the drinking driving control;

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

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 268 of the Road Traffic Act concerning criminal facts.

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