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(영문) 대전지방법원 공주지원 2021.02.23 2020고단605
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended between one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 21, 2020, the Defendant driving a D-wing truck under the influence of alcohol content of about 1.5 km from the front of the place of residence of a person located in B at the Gongju City on November 16:30, 202 to the front of the public road at the Gongju City.

2. The Defendant is a person who is engaged in driving a freight vehicle in D class, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

At the time of the day referred to in the preceding paragraph, the defendant tried to proceed one lane prior to C in the speed of about 15 km from E to F from E to E.

At that time, there are many vehicles standing in order to pass along the left side of the Defendant’s driving direction, and there is a narrow road width that can actually run. In such a case, there was a duty of care to reduce the speed and prevent accidents by properly examining the right and the right and the right of the vehicle driver.

Nevertheless, under the influence of alcohol content 0.127% in blood, the Defendant neglected to do so and did not secure sufficient interval with the above propelled vehicle, and received the back side part of the said vehicle's left-hand loaded on the left-hand side of the said cargo vehicle by negligence.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim G and the victim I ( South, 38 years old) who was accompanied by the said car, such as clouds and tensions that require approximately two weeks of medical treatment, and injury to the victim J ( South, 19 years old) who was accompanied by the said car, such as salt ties and tensions that require approximately two weeks of medical treatment.

Summary of Evidence

1. The submission of the Defendant’s legal statement G traffic accident report (1) (1) to the Defendant’s legal statement, the situation report of the driver in charge, the investigation report (the situation report of the driver in charge) and the control report, respectively, to the Acts and subordinate statutes of Chapter 1 of the CDA;

1. Article 148-2 (3) of the Road Traffic Act concerning facts constituting an offense;

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