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(영문) 대전지방법원 2020.11.06 2020고단3514
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. Around 04:10 on June 26, 2020, the Defendant driven an Eststren vehicle under the influence of alcohol leveling 0.146% from the 5km section to the 5km section of Daejeon Seo-gu, Seo-gu, Daejeon, under the influence of alcohol leveling from the 0.146% of the alcohol level.

2. The defendant is a person who is engaged in driving a passenger car such as that described in paragraph (1).

On June 26, 2020, at around 04:10, the Defendant driven the said car while under the influence of alcohol of 0.146% with a blood alcohol concentration of 0.14%, and led the road of four-lanes in front of Daejeon Seo-gu, Daejeon to proceed about about 30km in the speed of 1,000 square meters from the 1,000 V-distance bank.

At the time, it was at night, and there was a white light that prohibits change of course at that place, so in such a case, the driver of the vehicle has a duty of care to see the front and right, and to safely drive the vehicle in accordance with the direction of restriction on change of course, and to prevent the accident by driving the vehicle safely.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in her course by breaking the white domin line to three-lanes, caused the victim F (F, South, and 47 years old) who was proceeding along three-lanes in the same direction as that of the Madern taxi operated by the Defendant, followed the right side of the said Hadern taxi to the right side of the said Madern-car.

Ultimately, the Defendant, by such occupational negligence, suffered injury to the victim F, such as cerebrovasty in which there are no two internal organs in need of medical treatment for about two weeks, and injury to the victim H (ma, 28 years old), who was aboard the said taxi, to the victim H (ma), who did not have two internal organs in need of medical treatment for about two weeks, and to the same victim I (ma, 27 years old), such as dynasium, tensions, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. The defendant;

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