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(영문) 대전지방법원 공주지원 2019.07.26 2019고단131
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 November 24, 2011, the Defendant was sentenced to the suspension of indictment for a violation of the Road Traffic Act at the Daejeon District Public Prosecutor's Office, and on March 14, 2016, issued a summary order of KRW 4 million for the same crime as the same offense in the Daejeon District Public Prosecutor's Office.

【Criminal Facts】

1. Around March 28, 2019, the Defendant was driving a Fpoter vehicle under the influence of alcohol by 0.103% from the section of about 6km from the front parking lot of C restaurants in C to the Eriju road in D from March 28, 2019 to the front day of the oil station in D.

Accordingly, the Defendant, who violated his duty not to drive alcohol more than twice, was driving under the influence of alcohol again.

2. On March 28, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a Fpoter car with a blood alcohol concentration of 0.103% under the influence of alcohol on March 28, 2019, and driving a two-lane road in front of the oil station listed in paragraph (1) along the two-lanes of the two-lane road in front of the oil station listed in paragraph (1) on the surface of the riverside.

In such cases, the defendant, as a driver of a vehicle, has a duty of care to maintain the safety distance with the vehicle ahead and to prevent the traffic accident in advance by properly examining the right and the right of the vehicle ahead.

Nevertheless, under the influence of alcohol, the Defendant, while negligent in driving in the two-lanes prior to the Defendant’s running direction, took part of the back part of the part of the H K3 K3 car in the front part of the H K3 car, and due to its shock, had K3 car drive the victim I(36 years old) who is driving in the first lane and the center separation zone.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim G, such as a multi-lock in need of treatment for about two weeks, and inflicted injury on the victim K(hereinafter referred to as 49 years of age), which requires approximately four weeks of medical treatment, on the part of the victim K (hereinafter referred to as 49 years of age), and on the part of the victim I for about three weeks of medical treatment.

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