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(영문) 대전지방법원 공주지원 2020.05.08 2020고단21
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On May 13, 2014, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court.

【Criminal Facts】

1. Around 19:37 December 20, 2019, the Defendant was driving D25 tons of cargo vehicles under the influence of alcohol at approximately 52 km from the section of about 52 km to the point where 59 km in the Daejeon Highway Daejeon Highway, which is located in his/her agent, from the front of the C Daesan Factory located in Seog-si B to the point where 59 km-si is located in his/her agent.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

2. The defendant is a person who is engaged in driving a freight truck with D 25 tons.

On December 20, 2019, the Defendant driven the above cargo while under the influence of 0.043% of blood alcohol level 0.043% on December 20, 2019, and proceeded along two lanes between the two lanes at a speed of about 70 to 80km at the speed of about 59 km in Daejeon-si Highway, Daejeon, which is located in the same agency, in the air-state.

At all times, since the FF car of the victim E (n.e., 46 years old) was in progress, there was a duty of care for the driver of the vehicle to safely operate by accurately manipulating the traffic situation and accurately operating the steering gear and other devices of the vehicle.

Nevertheless, the Defendant was negligent in neglecting the front time while under the influence of alcohol and received the rear part of the said cargo vehicle as the front part of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks by negligence in the course of performing the above duties.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Traffic accident report (1, 2, report on actual condition of the driver), report on the actual state of the driver concerned, report on the status of the driver concerned, and investigation report (report on the status of the driver concerned);

1. An accident vehicle photograph and diagnostic certificate;

1. A previous conviction in judgment:

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