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(영문) 대전지방법원천안지원 2020.10.28 2020고단1707
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six 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 September 19, 2019, the Defendant received a summary order of two million won or more as a crime of violating the Road Traffic Act by the Seoul Western District Court.

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 BVS cushion.

On May 7, 2020, at around 01:15, the Defendant proceeded at approximately 118 km each hour in the direction of the right-to-law pharmacy distance from the direction of the right-to-law pharmacy road.

The place has a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to observe the speed limit and to prevent accidents by safely driving the motor vehicle at a point of 50km speed per hour.

The Defendant neglected this without obtaining a driver's license, and caused the negligence of driving the restricted speed in excess of about 68 km each hour, and caused the victim E (30 years old)'s driver's car moving from the two-lanes to the three-lanes in the moving direction due to the negligence of driving the restricted speed from about 68 km each hour, and led to the Defendant's front front part of the victim E's vehicle.

Ultimately, the Defendant suffered injury to the victim G (V, 23 years of age) who is a passenger of the victim E and E due to the foregoing occupational negligence, such as salt, tension, etc. in each of the two weeks of treatment.

2. On May 7, 2020, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) on the following occasions: (a) around 01:15, the Defendant, without a driver’s license, driven a motor vehicle in front of a D store located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si without the driver’s license, while under the influence of alcohol with a blood alcohol concentration of 0.117%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. Report on the statement of the state of drinking drivers, and the register of driver's licenses notified as a result of drinking control (A);

1. Each medical certificate of traffic accident analysis;

1. An accident site photograph;

1. Previouss before judgment: Criminal history records;

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