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(영문) 대전지방법원논산지원 2020.08.18 2020고단229
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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a B K7 car.

On March 19, 2020, the Defendant driven the said car under the influence of alcohol of 0.104% of blood alcohol level around 19:40 on March 19, 202, and continued the front road of C at a speed that cannot be seen as the d apartment room from the face of c at the face of boom.

At the same time, there is a duty of care for the defendant engaged in driving service to set the front door and operate the steering and steering system accurately.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop on the right-hand side of the vehicle in question, and received the left-hand side part of the vehicle in question, which was stopped on the right-hand side of the running direction, from the front-hand side of the vehicle in K7.

Ultimately, the Defendant suffered injury to the victim G (hereinafter, 25 years of age) who was on board the said low-est car by causing a traffic accident due to the foregoing occupational negligence, such as salt, tension, etc. in need of treatment for about two weeks.

2. On August 30, 2013, the Defendant was issued a summary order of KRW 4 million for a fine of KRW 2 million for a violation of the Road Traffic Act, etc. in the Daejeon District Court Seosan Branch of the Daejeon District Court, and on June 27, 2014, the Defendant was issued a summary order of KRW 3 million for the same crime, etc. in the same court.

At around 19:40 on March 19, 2020, the Defendant driven B K7 car from around 500 meters from the street around He apartment in Y apartment to the front of C in the same city, under the influence of alcohol of 0.104% of blood alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. An accident site photograph;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee will be made; and

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