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(영문) 대전지방법원서산지원 2020.12.10 2020고단1033
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 record] The defendant had the record of being sentenced to the suspension of indictment on the violation of the Road Traffic Act at the Seo-gu District Prosecutors' Office in Daejeon on March 22, 2011.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with B A-Wurd-

On August 30, 2020, the Defendant driven the said car while under the influence of alcohol 00:45% of blood alcohol level 0.125% on August 30, 202, and driven the two-lane road in front of the Seosan City, Seosan City, at a speed that is impossible to identify the two-lanes in the direction of mountain.

At the time, at night, the victim D (Nam, 31 years old) driving car is proceeding along one lane, and thus, the driver of the vehicle had a duty of care to safely change the vehicle by operating the direction, direction, etc. before changing the vehicle line, and giving the direction, etc. to the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to change the vehicle line to the left-hand side, and caused the victim's damage to the left-hand side of the vehicle of the defendant, which is proceeding one-lane, to the left-hand side of the vehicle of the victim's NAS Scoo car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle with 0.125% alcohol concentration at the section of approximately 1.5 km from the front of the Simsan-si in the temporary border, such as the foregoing paragraph (1), to the front of the Simsan-si in the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accident-related persons;

1. The actual condition survey report;

1. Breambling.

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