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(영문) 대전지방법원 천안지원 2020.05.19 2020고단538
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

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 Force】 On August 25, 201, the Defendant was subject to a disposition to send a juvenile protection case to the Cheongju District Prosecutors’ Office as a crime of violating the Road Traffic Act (driving) at the Cheongju District Prosecutors’ Office on August 25, 201, and on July 29, 2015, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act (driving) from the Chungcheong District Court on July 29, 2015 and received a summary order of three million won.

【Criminal Facts】

1. Around 10:50 on February 13, 2020, the Defendant driven a B rocketing car with a blood alcohol content of at least 0.059% from the 20km section in the vicinity of the glass intersection located in the same Gu, from the road in the Seo-gu, Seoan-gu, Seocheon-gu to the road near the same Gu.

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 rocketing or other automobiles.

On February 13, 2020, at around 10:50, the Defendant driven the said car with a blood alcohol concentration of 0.059% 0,000, and directed directly from the northwest-gu, Seoan-gu to the inside of the Sinan-Eup.

In such cases, there was a duty of care to prevent accidents, such as making a person engaged in driving of a motor vehicle well look at the right and right of the front and right of the motor vehicle and accurately operating the steering gear, etc.

Nevertheless, the defendant neglected to do so under the influence of alcohol and brought about the back part of the DF truck driven by the victim C(the age of 66) prior to the same direction with the front part of the above DF truck.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the influence of the body part requiring approximately two weeks medical treatment, the brush of the human body part, the brue of the human body part, salt, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, actual condition survey report, report on the occurrence of a traffic accident, and accident site photograph;

1. Notification of the results of the drinking driving control;

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