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(영문) 대전지방법원 서산지원 2021.01.13 2020고단1167
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2014, the Defendant was issued a summary order of KRW 4 million as a crime of violating road traffic law (drinking driving) at the Seosan Branch of the Daejeon District Court.

1. On June 7, 2020, the Defendant driven a DNA Ⅱ truck with alcohol leveling 0.186% from the section of approximately 500 meters from Jun. 7, 2020 to Jun. 3, 202, in the direction from the front of the B apartment in Seosan-si to the front of the same city, while under the influence of alcohol leveling to 0.186%.

2. The Defendant is a person who is engaged in driving a DPoter II cargo vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 7, 2020, the Defendant, as described in paragraph 1 of around 01:00, driven a motor vehicle of PoterⅡ while under the influence of alcohol, and driven the front road of Seosan City along the two-lane along the traffic plaza from the west to the traffic plaza.

In this case, there was a duty of care to prevent accidents in advance by properly manipulating the steering and steering system for those engaged in driving vehicles, and properly manipulating the steering and operating system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform his duty at the front time and neglected to do so, received the part of the part of the Defendant’s cargo vehicle following the F rocketing car driven by the victim E ( South, 38 years old) who was waiting in the front direction of the Defendant’s running of the signal at the front direction.

As a result, the Defendant suffered injury to the victim, such as catheral and catum salt in need of approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A medical certificate;

1. Application of a reply to inquiry, such as criminal history, and summary order-making statutes;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Act on Criminal Facts, Article 268 of the Criminal Act (the point of causing bodily injury due to occupational negligence, the choice of imprisonment without prison labor), and Article 268 of the Criminal Act.

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