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(영문) 대전지방법원 2019.01.31 2018고단3105
교통사고처리특례법위반(치상)등
Text

The defendant will give public notice of the summary of the decision.

Reasons

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

On September 3, 2016, the Defendant driven the said car under the influence of alcohol content of 0.053% 0.053%, and driven it from the direction of the tring four-lane distance along the three-lane road in front of the building "D" under the Seo-gu Daejeon, Seo-gu, Daejeon.

Since there is a vehicle that intends to make a non-protective left turn at a one-lane, in such a case, the driver has the duty of care to safely proceed with the fixed lane after checking whether there is a vehicle that is going through and is going to turn to the left, etc. while driving the vehicle.

Nevertheless, the Defendant neglected his duty of care and went into the opposite lane by neglecting the center line, and did not discover a Glater car driven by the victim FF (hereinafter referred to as 47 years old) who wants to turn to the left at a non-protective one-lane, and received a part of the vehicle ahead of the left-hand side of the vehicle driving by the Defendant on the right-hand side of the rocketing other vehicle.

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

2. According to the records, in order for H to receive automobile insurance, even though he driven a vehicle involved in the accident at the time of the accident, the fact that the summary order subject to reexamination of this case became final and conclusive by the Defendant attending the police station on the day of the accident by making a false statement as to the payment of the automobile accident, and H recognized the fact that he driven under the influence of alcohol in the currency of the investigative agency, and the Defendant was indicted for the crime of attempted the offender due to his false statement, and the summary order of KRW 5 million was finalized on January 9, 2018, is significant in this court.

In the summary order subject to review of this case, the defendant committed a drunk driving and caused a negligence in violation of his duty of care.

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