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(영문) 춘천지방법원강릉지원 2020.10.23 2020고단657
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 10:10 on April 26, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a B Poter II cargo vehicle, which led the front of Gangseo-si to turn to the left from the direction of the D community hall to the left-hand turn.

At that time, there was a red on-and-off signal at the time, so in such a case, there was a duty of care to prevent accidents in advance by making a person engaged in driving duty temporarily stop before entering the intersection and accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, while under the influence of alcohol level 0.098%, did not temporarily stop without having neglected the above duty of care and did not enter the intersection, suffered injury by the Defendant, such as the victim E (the South, 44 years old)’s gGR 750 otoba, which was going straight from the direction of the network damage side of the same year to the network damage side of the same year, due to the shock of the part on which the victim E (the South, 44 years old)’s fGR 750 otobaba, which was going straight from the left side of the said cargo vehicle, requiring approximately 10 weeks medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time stated in paragraph (1) of this Article, driving approximately 400 meters of the above cargo vehicle under the influence of alcohol concentration of 0.098% from the D community hall located in Gangnam-si G to C before the D community hall located in Gangseo-si.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement, notification of the results of the drinking driving control, report on the internal history of the statement of the drinking driver's standing, traffic accident report (victim E telephone conversations), on-site photographs, and examination of black booms photof

1. Relevant legal provisions concerning criminal facts, Article 3(1), proviso of Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (Selection of imprisonment without prison labor considering the point of occupational injury, the degree of occupational negligence and the degree of injury of the victim), Article 148-2(3)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act;

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