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(영문) 대전지방법원 2020.05.21 2020고단145
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a B-Wood vehicle.

On December 27, 2019, the Defendant was under the influence of alcohol with 0.159% of blood alcohol concentration around 02:45, and the Defendant driving of the said car, and driving the said car along three-lane roads with four-lane roads located in Daejeon Pung-gu University as Daejeon Pung-gu University.

Since there was a road where a signal, etc. is installed, in such a case, there was a duty of care to take the front side and the left side of the driver and to prevent the accident in advance by safely driving according to the traffic signal.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded in violation of the signal while the vehicle signal in the front side was red, the part of the driver's seat of the EPoter Ⅱ driven by the victim D (Nam, 76 years old) who was driven by the victim D (Nam, 76 years old) who was driven by by the right side of the Mapoter Ⅱ which was driven by the direction of the Defendant's running along the four-lanes from the direction of the Defendant's running.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks by negligence in the course of performing the above duties.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. The actual survey report on traffic accidents;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, application of Acts and subordinate statutes to the regulations on drinking driving;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 3 (1), Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents,

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under the Criminal Act;

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