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(영문) 대전지방법원서산지원 2020.09.24 2020고단527
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

Punishment of the crime

[Criminal Power] On August 12, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on August 12, 2016.

【Criminal Facts】

1. Around 17:50 on February 26, 2020, the Defendant violated the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act driving a two-wheeled vehicle in Taean-gun, Taean-gun, Taean-gun, Taean-gun, not covered by mandatory insurance in a section of about 3 km from the roads in the B B B to the intersection, while under the influence of alcohol with a blood alcohol concentration of 0.194%.

Accordingly, the defendant violated the prohibition of drinking driving twice, and operated a motor vehicle on the road which is not covered by mandatory insurance.

2. The accused is a person engaging in driving a two-wheeled vehicle as provided in the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act.

The Defendant, while under the influence of alcohol concentration of 0.194% at the time and time as described in the preceding paragraph, proceeded two lanes in front of Taean-gun B, Taean-gun along the two-lanes in the direction of Western in the direction of Western.

Since there is a cross-section where signal lights are installed, the driver has a duty of care to reduce the speed and drive safely in accordance with the new code after living well the right and the right of the driver.

Nevertheless, the Defendant neglected this and neglected to proceed with the red signal while driving the two-wheeled vehicle in the direction of the Taean Police Station in the direction of green signal in the direction of the Taean Police Station, the front part of the two-wheeled vehicle E in the direction of the victim D (ma, 65 years old) who is proceeding along the green signal was shocked toward the right side of the two-wheeled vehicle operated by the Defendant.

As a result, the Defendant suffered injury to the victim by the above occupational negligence during approximately three weeks of open wound, etc., which requires medical treatment, and at the same time damaged the victim’s two-wheeled automobile to cover KRW 1,370,000,000.

(i) the evidence;

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