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(영문) 대전지방법원 2019.11.21 2019고단3588
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On August 24, 2019, the Defendant driven the above cargo while under the influence of 0.104% of blood alcohol level around 21:20, while driving the above cargo, and driven the three-lane road in front of the D in Seo-gu Daejeon, Daejeon along the three-lane direction in the direction of the female Tri-distance from the direction of the common middle distance.

In such a case, a person engaged in driving service has a duty of care to safely drive by accurately operating the steering wheel and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and led the victim E (the 35 years of age) to the front part of the Defendant’s cargo vehicle that was driven by the victim E (the 35 years of age) at the front.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood that requires approximately two weeks of care due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving the B Poter Cargo at the section of about 3 km from the distance of approximately 0.104% under the influence of alcohol level 0.104% from the distance of about 3 km to the place indicated in paragraph 1, in front of a cafeteria in the Seo-gu, Seo-gu, Seo-gu, Daejeon.

3. A defendant in violation of the Guarantee of Automobile Accident Compensation Act shall be a holder of B Poter Cargo, and an automobile which is not covered by mandatory insurance shall not be operated on the road;

Nevertheless, the defendant operated the above cargo vehicle that was not covered by mandatory insurance as stated in Paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1) (2) (including a report on actual condition), an accident site report and photograph, an inquiry into the results of the drinking driving control, notification of the results of the drinking driving control, and the statement on the state of drinking drivers; and

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