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(영문) 대전지방법원 천안지원 2020.05.15 2020고단541
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

On November 30, 2015, the defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act from the Daejeon District Court's branch on November 30, 2015, and has violated Article 44 (1) of the Road Traffic Act.

1. Around 19:05 on February 19, 2020, the Defendant driven BM5 vehicles under the influence of alcohol with a blood alcohol concentration of about 0.085% from the 4km section from the 156 km-ro, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-si, to the 2nd intersection located in Sinsan-si, Seosan-si.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle BM5.

On February 9, 2020, at around 19:05, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.085%, turned down to the left-hand turn from Asan Urban Complex, the two-lanes located in Asan Urban Complex, Asan Urban Complex, and from the surface of Asan Urban Complex, the lower-hand turn to the left-hand turn.

Since there is a long distance intersection where signal lights are installed, there was a duty of care to prevent accidents, such as a driver of a motor vehicle, by living well the right and the right of the motor vehicle, and driving safely according to the new code.

Nevertheless, the Defendant failed to discover a red signal from the front side by driving a sM5 vehicle while under the influence of alcohol and failed to do so, and as it was due to the negligence of entering the above intersection, the Defendant shocked the front part of the D Kanop vehicle driven by the victim C (the age of 44) who was driven by the left left at the left side from the right side of the sM5 vehicle.

Ultimately, the Defendant suffered from the injury of the victim E (the age of 43) who was accompanied by the victim C and the above knife knife on the part of the above occupational negligence, for approximately two weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident;

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