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(영문) 대전지방법원 2020.11.05 2020고단2174
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 15, 2008, the Defendant received a summary order of KRW 700,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

The defendant is a person who is engaged in driving a low-speed car B.

On April 25, 2020, the Defendant driven the said car under the influence of alcohol level of 0.139% at around 23:12, while driving the said car, which led to the intersection of the Neung-gu branch in Daejeon-gu, Daejeon-gu, to the flow of the Neung-gu distance from the saeuk-gu.

Since there was an intersection where a signal, etc. is installed, the driver had a duty of care to safely drive the steering person in accordance with the signals by accurately manipulating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(53 years old) driving at the right side of the 5 taxi driver's vehicle, which was driven to the left in accordance with the new code in the opposite part of the direction of the mast vehicle.

Ultimately, the Defendant suffered injury to the victim C and the victim E (year 32) who was on board the said taxi due to the foregoing occupational negligence, such as salt, tension, etc. in need of treatment for about two weeks, respectively, and violated the prohibition of drinking driving regulations at least twice.

Summary of Evidence

1. Criminal records in the judgment of the police on the defendant's legal statement C, traffic accident report (1) (2) (1) (2) (2), notification on the results of drinking driving control, data and photographs such as the accident site of the drinking driver's situation statement, and each medical certificate (Evidence List Nos. 8 and 9): The application of Acts and subordinate statutes to criminal records, investigation report (the confirmation of the record of the drinking driving of a suspect once);

1. Article 3(1), proviso of Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1) and Article 44 of the Road Traffic Act concerning criminal facts.

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