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(영문) 대전지방법원 2020.11.12 2020고단2014
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On March 28, 2019, the Defendant was issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Daejeon District Court.

On April 5, 2020, at around 01:00, the Defendant driven B coaches or automobiles with blood alcohol content of about 0.113% at the section of approximately 1.5 km from the day near the viewing yellow distance in Seo-gu, Seo-gu, Daejeon to the time of the straight-line of the line located in the same monthly-dong.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving B Cos or automobiles.

On April 5, 2020, the Defendant driven the said car under the influence of alcohol level of 0.113% on blood alcohol level at around 01:00, and led the instant car to bypass from the surface of the nesnese-distance bank of the Seo-gu Daejeon, Seo-gu.

At that time, the signal is an intersection where the signal is installed, and at that time, the signal was sent to the right-hand side from the left-hand side of the defendant's running direction. In such a case, a person engaged in driving a motor vehicle has a duty of care to check the safety of the course by temporarily stopping the vehicle before entering the intersection and checking the traffic situation at the right-hand side and right-hand side, and prevent the accident by bypassing.

Nevertheless, under the influence of alcohol, the Defendant neglected it, and instead neglected it, received the part to the right-hand side of the Defendant’s driving car from the victim C (Nam, 56 years old) who was going to the right-hand side of the direction-hand side of the proceeding, and subsequently received the part to the right-hand side of the Defendant’s driving car.

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. C’s statement 1.

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