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(영문) 대전지방법원 천안지원 2020.06.22 2020고단431
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 31, 2019, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the support of the Daejeon District Court on the Incheon District Court on May 31, 2019.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service of QM6 automobiles.

On January 24, 2020, the Defendant driven the said car under the influence of alcohol of 0.067% of blood alcohol concentration around 06:40, while driving the said car, and driving the four-lane road in front of the D-do located in Western-gu C in the west-gu, Western-gu, Western-si, Seoan-gu, the Defendant driven the said car at an insular speed along the two-lane distance.

Since the place is where the center line of yellow-ray is installed, in such a case, the driver of the vehicle has a duty of care to live well on the front side and the left side, to safely operate the wheel and the steering system in a safe manner, to accurately manipulate the steering and operating the steering system, and to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, fell into the shocking devices installed in the central separation zone due to negligence in the middle line, left the opposite lane, and went away from the opposite lane, and received the front part of the victim E(39 years old) driving in the opposite lane as the front part of QM6 car.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc., by negligence in the course of business as above, in which approximately three weeks of treatment is required.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in Paragraph 1, as above, driven B QM6 automobiles under the influence of alcohol content of 0.06% at the time and place, and driven them under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E and G preparation;

1. A medical certificate;

1. An accident site photograph;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. Judgment.

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