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(영문) 대전지방법원공주지원 2020.10.13 2020고단362
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for one year.

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

1. Around 04:35 on June 10, 2020, the Defendant driven an E 7 vehicle under the influence of alcohol with a blood alcohol concentration of 0.097% at a section of about 5km from the front of “C” in “C” in “C” in “C” in “D” to the front of the same city.

2. The defendant is a person who is engaged in driving a KS7 car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 06, 2020, the Defendant driven the said car with a blood alcohol level of 0.097% 0.097% around 04:35, while under the influence of alcohol on October 10, 2020, and continued the front road D from F bank to G bank.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to safely drive the car line with the driver's duty of care.

Nevertheless, under the influence of alcohol, the Defendant got the victim H (E, 75 years old) who was walking in the opposite direction to the Defendant due to the negligence of driving the center line while driving, which was driven by the driver, was in front of the driver's seat of the said vehicle.

After all, the Defendant suffered injury to the victim, such as a 16-day therapy on the left-hand side in need of treatment due to the above occupational negligence.

Summary of Evidence

1. Application of the police statement of the defendant to the defendant's legal statement H, the main driver of the police statement, the statement of the situation, the investigation report (the report on the actual driver's status), the survey report, the diagnosis report, the scene photograph of the accident, and the video CD-related Acts and subordinate statutes;

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

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing Article 62-2 of the Criminal Act are as follows.

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