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(영문) 대전지방법원 서산지원 2021.01.14 2020고단1113
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 21, 2008, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving) at the Seosan Branch of the Daejeon District Court, and on July 22, 2016, the Defendant was issued a summary order of KRW 2 million for a violation of road traffic law (drinking driving) at the Seosan Branch of the Daejeon District Court.

[Criminal facts]

1. The Defendant is a person engaging in driving a vehicle BM5 vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 1, 2020, the Defendant driven the said car under the influence of alcohol content of 0.166% during blood transfusions on August 1, 2020, and turned down at a speed of about 5 km per hour while driving the said car at a speed of 0.16% in front of the oil station located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

In such cases, the driver has a duty of care to take the front side and left side well and to properly manipulate the steering and brakes so that he/she has a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and neglected it and received the part on the left-hand part of the Defendant’s passenger car, which was the top-hand part of the Fing Confluor’s car driving by the victim E ( South, 28 years old) who was waiting for the signal at the rear of the Defendant.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim E, such as salt, tension, etc. of the bones of trees, which requires treatment for about two weeks, on the part of the Defendant, and on the part of the victim G (the 28 years old), who is a passenger with the aforementioned monitoring agreement vehicle, the Defendant suffered from the injury of the victim G (the 28 years old), such as salt, tension, etc. of the bones of trees, which requires treatment for about two weeks.

2. Defendant 1 driven a BM5 vehicle under the influence of alcohol content 0.166% from the section of approximately 400 meters from the first road located in the Hamsan-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-si, Chungcheongnam-si, the above-mentioned day to the front road of the Driju-si, Chungcheongnam-si, Chungcheongnam-do.

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

Summary of Evidence

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