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(영문) 대전지방법원 천안지원 2020.02.20 2019고단3156
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On October 24, 2019, the Defendant received a summary order of KRW 8 million as a crime of violating the Road Traffic Act (driving) from the Daejeon District Court’s Branch on October 24, 2019.

【Criminal Facts】

1. Around 22:11 on October 24, 2019, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) by driving a DNA MX vehicle with a blood alcohol concentration of about 0.096% while under the influence of alcohol at least two times, without obtaining a driver’s license, from the road in front of the 100 Donsan City, to the front of the C Hospital located in Asan City, 100.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving Ding MX vehicles.

On October 24, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.096% of blood alcohol level around 22:11, and driven the road of 4 lanes in front of C Hospital C in Asan City B along the two-lanes from the upstream to the intersection of wind.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely operating the steering direction and brake system in line with traffic conditions while maintaining a safety distance with prior vehicles by observing the speed limit and keeping the direction and the right and the right and the right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this and going through the same lane by negligence, shocked to the front part of the Flauna vehicle driven by the victim E (E, South, 32 years old) who was in the atmosphere of the same lane.

Ultimately, the Defendant suffered injury to the victim, such as “heat with no two heat,” which requires medical treatment for about two weeks by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. The actual condition of traffic accidents;

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