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(영문) 대구지방법원 영덕지원 2020.06.10 2020고단47
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2016, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Young-gu District Court (Seoul District Court) on August 24, 2016.

1. On December 29, 2019, from around 20:00 to 20:40 on the same day, the Defendant driven a Cschton car while under the influence of alcohol alcohol concentration of about 0.03% from the 20km section to the national highway No. 34 of the same military ground area in the Defendant’s residential area located in Chungcheongnam-gun B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a car of Csch Rexton.

On December 29, 2019, the Defendant driven the said car under the influence of alcohol level of 0.093% with blood alcohol level on December 29, 2019, and led the national highways No. 34 of Gyeong Young-gun, Chungcheongnam-gun to proceed to approximately 40 to 50km each hour from the territorial waters to the inner sides of the national highway No. 34.

At the time, the location was night and the surface was milched, so a person engaged in driving of a motor vehicle has a duty of care to safely proceed by reducing speed and accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant got out of the road to the right side of the course by negligence while neglecting it, and turned out the utility poles installed on the right side of the said vehicle to the front side of the said vehicle, and caused the said utility poles to shock the main set and the front glass part of the E car driven by the victim D (W, 34 years old) who driven the said road from the fright side of the earth.

As a result, the Defendant suffered injury to the victim, such as salt ties, tensions, etc., in need of approximately two weeks of treatment by the aforementioned negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements of D;

1. Each report on investigation;

1. Report on the occurrence of a traffic accident;

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