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(영문) 대전지방법원 2020.09.10 2020고단1743
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On July 26, 2019, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act at the Daejeon District Court on July 26, 2019.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving service of a motor vehicle B-purd motor vehicle;

1. 24. 02:15, driving the said car, leading to the C Apartment Ddong at Sejong-si, along the direction from the right side of the right side of the Sejong-si.

Since there is a central line installed, there was a duty of care to safely proceed to the right side of the road to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and got the victim E (Nam, 53 years old) driving, which was normally at the opposite level due to the negligence that led to the center line to the left-hand side of the road, and was the front-hand part of the said AWn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-

The Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and place specified in paragraph (1) without obtaining a driver’s license.

3. Violation of the Road Traffic Act (Refusal of the measurement) has reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as inaccuracy of the launch of the vehicle at the time and place specified in paragraph (1), and failure to comply with the demand for a measurement of alcohol on four occasions from January 24, 2020 to January 27, 205:08, to January 27, 2020, by a slope I working at the Sejong Police Station H in an emergency room in the G Hospital from January 24, 2020 to January 13, 205:

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Automobiles;

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