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(영문) 대전지방법원 서산지원 2020.05.13 2020고단114
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B K7 car.

On December 31, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.135% 0.135% as of December 31, 2019, and led the Defendant to drive the said car at a speed of approximately 70km per hour from the Seosan bank to the front of the subordinate officer-only road located in 559-1, the head of the Shiamamamamamamb in Seosan.

At the time, there was an intersection where signal lights were installed at night, and thus, the driver of the motor vehicle had a duty of care to prevent the accident in advance by accurately manipulating the front side and the right and the right and the right and the right and the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(35 years of age) who is in the atmosphere of the signal at the front of the Defendant’s vehicle due to negligence in the front of the vehicle. The lower part of the DK5 car was able to be the front part of the K7 car.

As a result, the Defendant suffered injury to the victim C, such as dystrophal gambling, etc., which requires approximately three weeks of medical treatment, and injury to the victim E (the 26-year old-age-old-age-age-age-age-age-age-age-age-age-age-age-long treatment, such as dystrokes and tensions.

2. The Defendant violated the Road Traffic Act (driving) in a state of alcohol of 0.135% of blood alcohol concentration at the time and time as stated in paragraph (1) of this Article, the Defendant driven a BK7 vehicle from the 10km section to the front road of the subordinate officer-lane 559-1 in Seosan-si, Seosan-si, Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Blue image of damaged vehicles;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1), proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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