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(영문) 대전지방법원천안지원 2020.11.09 2020고단2192
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

[Criminal Power] On November 4, 2009, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s branch on November 4, 2009. On September 30, 2016, the same court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a freight vehicle B or B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act;

On May 2, 2020, the Defendant driven the above cargo while under the influence of alcohol of 0.068% in blood alcohol concentration on May 22, 2020, while driving the above cargo at a 0.068%, and proceeding the intersection in front of the south-gu Seoul at an insular speed.

At that time, there is no signal, and traffic is frequent, so in such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by safely driving the front door and left door well, operating the steering and steering system accurately.

Nevertheless, the defendant did not go through the front while drinking and entered the intersection without properly doing so, and followed the right side of the victim D(56 years old) driving, which is going to the right side from the left side of the running direction of the defendant, into the front side of the cargo vehicle of the defendant.

Ultimately, the Defendant damaged the victim’s car by occupational negligence by causing injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment. At the same time, the Defendant damaged the victim’s car to cover KRW 2,115,320.

2. On May 22, 2020, the Defendant violated Article 44(1) or (2) of the Road Traffic Act, but again, driven B Poter II cargo while under the influence of alcohol content of about 0.068% at a section of about 100 meters in front of G on the front road in Yannam-gu, Yandong-gu, Yannam-gu, Yannam-gu, Seoul, about 00 meters prior to G.

Summary of Evidence

1. The defendant;

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