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(영문) 창원지방법원 거창지원 2021.02.03 2020고단237
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 30, 2017, the Defendant received a summary order of KRW 5 million due to a violation of road traffic law (dacting driving) at the Seo-gu District Court Branch Branch of the Daegu District Court.

[Criminal facts]

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle B rocketing siren.

On July 10, 2020, the Defendant driven the said car under the influence of alcohol level of 0.123% among blood transfusion around 00:50 on July 10, 2020, while driving the said car, and driven the front distance in Gyeongnam-gun C in the Gyeongnam-gun, Changnam-gun.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by driving the motor vehicle, such as reducing speed according to road conditions and accurately operating brakes.

Nevertheless, when the Defendant was negligent in neglecting the duty of the front line while under the influence of alcohol and failure to properly operate the operation of the brake system, the Defendant was found to have been in the front line part of the victim I (the 49-year-old driver), who proceeded with the instant shooting distance from G lending to H on the ground of G lending.

As a result, the Defendant suffered injury to sugar, etc. with no wife in the two markets, which requires approximately two weeks of medical treatment from the victim by occupational negligence above.

2. Defendant 1, who violated the Road Traffic Act (drinking) driven a B rocketing motor vehicle under the influence of alcohol at approximately 0.123% of alcohol level in the section of about 900 meters from the L, which was located in K in the Gyeong-gun, Chungcheongnam-gun, Gyeong-gun, without the time and time indicated in paragraph 1 to the place where the said accident occurred.

Summary of Evidence

1. The report on the occurrence of a traffic accident in the police statement protocol by the defendant I to the court statement by the defendant I, the report on the situation of the driver who takes the driving, and the diagnosis report;

1. A previous conviction in judgment:

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