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(영문) 대전지방법원 2020.11.20 2020고단3949
교통사고처리특례법위반(치상)등
Text

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

On December 11, 2006, the Defendant was punished by a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 11, 2006 and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on August 8, 2013.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a motor vehicle B.

On July 25, 2020, the Defendant driven the said car while under the influence of alcohol of 0.084% with blood alcohol concentration of 0.084% on July 25, 2020, and led the two-lanes in front of the “D” located in Daejeon medium-gu C, to drive it in the direction of sub-driving in the direction of tin.

At the time, there was a vehicle stopping in the signal atmosphere on the front side of the driving direction of the defendant, so in such a case, the person engaged in driving a motor vehicle has a duty of care to prevent the accident in advance by driving the motor vehicle well and safely.

Nevertheless, as above, the Defendant was negligent in neglecting this and proceeding with the Defendant as it was, and the Defendant was sent to the victim E (Nam, 27 years old) who was waiting and stopping in front of the direction of the Defendant’s proceeding, and received the back of the Fstunama car driven by the Defendant.

Ultimately, the Defendant caused the victim by negligence in the course of business to suffer injury, such as brain, which does not have an open room in the head requiring treatment for about two weeks.

2. On July 25, 2020, the Defendant driven a motor vehicle B in the state of alcohol alcohol concentration of about 0.084% at a section of about 1km from the front of a restaurant where the name in the Jung-gu Incheon Metropolitan City roof cannot be identified to the front of the "D" located in Daejeon Jung-gu, Daejeon, on July 25, 2020.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E;

1. The fact-finding report, the fact-finding report, the fact-finding report, and the fact-finding report;

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