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(영문) 대전지방법원서산지원 2020.08.20 2020고단492
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 10, 2012, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on September 10, 2012, and on June 22, 2018, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on June 22, 2018.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing or other car.

On April 18, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.121% at around 00:19, while under the influence of alcohol, and continued to drive the said car on a three-lane road in front of the death distance of the south apartment located in the west-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnamnam-si, with a two-lane speed in the direction of Sinsan, at about 80km in the direction of Sinsan.

At all times, there was an intersection where signal lights are installed, so there was a duty of care to observe the traffic signal and properly manipulate the steering and steering system to prevent accidents in advance.

Nevertheless, the Defendant neglected this and followed the DK7 car driving by the victim C (Nam, 46 years old) who was in the atmosphere of the signal at the front of the Defendant's vehicle due to the negligence of the Defendant, and received the part of the Defendant's vehicle behind the passenger vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks by occupational negligence as above.

2. Around 00:19 April 18, 2020, the Defendant driven a B rocketing car with a blood alcohol content of about 0.121% in the section of approximately 4.5km from the F University located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the front road of the shooting distance of the East apartment located in the west-si, Chungcheongnam-si, Chungcheongnam-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report on traffic accidents;

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