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(영문) 대전지방법원 서산지원 2021.03.25 2021고단24
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 23, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) in the Seosan Branch of the Daejeon District Court.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving service BVL 125cc.

On August 19, 2020, the Defendant was under the influence of alcohol level of 0.176% from blood alcohol level in around 17:45 on Aug. 19, 2020, while driving at a speed near C in which it is impossible to identify the back road in the front of the Jin-si.

Since there is an intersection, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side, and to accurately operate the steering direction and the brake system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D ( South, 72 years old) who was driven by the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the cargo

As a result, the Defendant suffered injury, such as sugars with no wife in two opens where treatment between approximately two weeks is required by the above occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the BVL 125cc metabin under the influence of alcohol concentration of approximately 0.176% from the 2km section of approximately 2 km to the front road of the Jin-si, Jin-si, at the time of the day specified in paragraph 1 to the Jin-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition of the police statement made to D with regard to traffic accidents, a report on the actual condition of traffic accidents, a report on the situation of the driver taking the on-site photograph, a notification on the results of regulating driving of drinking (blood collection results), a written inquiry about inquiries, such as written confirmation of medical records for diagnosis and treatment, and the application

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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