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(영문) 대전지방법원 2020.10.30 2020고단3478
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On May 22, 2020, the Defendant driven a vehicle with low alcohol level of at least 0.128% in a section of about 7km from Sejong Special Self-Governing City to from about 01:40 on May 2, 202, the Defendant driven a vehicle with low alcohol level of at least 0.128% in a section of about 7km from Sejong Special Self-Governing City to about 638, Dagdong-dong.

2. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a motor vehicle with three highest motor vehicles.

On May 22, 2020, the Defendant driven the said car under the influence of alcohol level of 0.128% on blood alcohol level around 01:40 on May 2, 2020, and led to the Defendant to drive the said car along three-lanes of the four-lane road, one of which is located in the 638-dong of Sejong Special Self-Governing City, with the road adjacent to the intersection of Sejong Special Self-Governing City, from Daejeon to Daejeon, along

Since the defendant has changed the lane from this place to four lanes, there was a duty of care to inform the person engaged in driving a motor vehicle of the direction with the direction, etc. in advance and to change the lane safely by keeping the traffic situation of the front and rear left well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the course from a three-lane to a four-lane, and the victim D (Nam, 20 years old) who was driving along the four-lane to the same four-lane, and received the front part of the left-hand side of the Defendant’s driver’s vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) (including a fact-finding report), report on the occurrence of a traffic accident, report on the situation of the driver, report on the driver's oral statement, investigation report, internal investigation report (victim D telephone conversation), and report on internal investigation (domestic investigation report on the black image);

1. A medical certificate;

1. Notification of the control of drinking driving;

1. Blucs, fluor photographs, bluorse images.

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