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(영문) 대전지방법원서산지원 2020.10.14 2020고단829
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2016, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Cheongju District Court's Assistance.

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On July 23, 2020, the Defendant driven the said car while under the influence of alcohol of 0.086% of blood alcohol level around 22:20 on July 23, 2020, and driven the road of five lanes in front C in front of C in front of C in the direction D from the direction of SongIC.

Since the Party is at night and prior to the same direction, it was followed by the FK7 car of the victim E (ma, 31 years old) driving, there was a duty of care to reduce the speed and to ensure the safe distance that can be avoided when the vehicle stops.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving in the vicinity of the Defendant’s franchise by driving the vehicle in the front part of the Defendant’s franchise, which was driven by the vehicle stop signal, and received the victim’s k7 vehicle behind the vehicle stop signal.

Ultimately, the Defendant suffered injury to the victim, such as salvinal sale, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a blance vehicle under the influence of alcohol with a level of about 0.086% of blood alcohol concentration at the 5km section from the front of the H cafeteria in G at a temporary border, such as the above paragraph (1) to the front of the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A medical certificate;

1. Criminal records, inquiry reports, and summary orders;

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