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(영문) 대전지방법원 2020.04.09 2019고단4895
교통사고처리특례법위반(치상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 27, 2019, the Defendant driven the said car with a blood alcohol level of 0.120% 0.120%, while driving the said car, and coming from the Domari-distance to the right intersection of the mountain, the Defendant turned to the right intersection of the Domae-distance while proceeding from the Domari-distance to the right intersection of the Domari-distance.

At night, the road that the defendant wants to enter is installed in the center line. Therefore, the driver of the motor vehicle has a duty of care to prevent accidents by safely driving the steering gear and brake system by properly operating it and allowing the driver of the motor vehicle to enter the normal lane.

Nevertheless, as the Defendant did not properly operate the steering gear and brakes under the influence of alcohol, the Defendant was negligent in entering the median line and entering the opposite lane, which led to the Defendant’s failure to properly operate the steering gear and brakes, and the front part of the victim C(the age of 43) who was under normal operation in the opposite direction to the Defendant’s direction was received as the front part of the said car by the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Investigation report (report on the circumstances of an immigration driver);

1. Making a report on the control of drinking driving;

1. Notification of the control of drinking driving;

1. Statement in the circumstances of an employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of a sound driving);

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the crime of violation of the Road Traffic Act, each choice shall be sentenced;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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