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(영문) 전주지방법원 2020.08.12 2020고단259
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car of cuss.

On December 28, 2019, the Defendant driven the above car on December 11:50, 2019, and proceeded with the Dbalingpp flap road located in Seojin-gu Seoul at Jeonjin-gu at Jeonjin-gu at Jeondong-gu.

In such cases, a person engaged in driving of a motor vehicle, such as the defendant, has a duty of care to prevent accidents by properly examining the condition of the motor vehicle in front and by maintaining a safe distance to avoid drilling with the vehicle in front.

Nevertheless, while under the influence of alcohol level of 0.076%, the Defendant was negligent in performing the above duty of care, and the Defendant’s part of the FF FF Rad Driving Vehicle E (E, South, 49 years old) that was temporarily stopped on the part of the Defendant’s driving before and after the vehicle was driven by the Defendant’s driving.

(C) The Defendant, by reason of the foregoing occupational negligence, suffered injury, such as salt ties and tensions, which require approximately two weeks of medical treatment, to the victim. (A) The Defendant, at the same time, suffered injury to the victim, such as the hump pans and tensions of the hump of the G driving in the front line.

2. Around 11:50 on December 28, 2019, the Defendant driven a B-cub car under the influence of alcohol concentration of about 0.076% from the 1km section of approximately 1km from the 1km to the dbringing road located in Seojin-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on hearing the statements of E and G;

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

1. The actual condition survey report;

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and the Criminal Act;

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