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(영문) 전주지방법원 군산지원 2020.04.22 2020고단182
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

On November 25, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Jeonju District Court's military mountain support on November 25, 2008.

On December 9, 2019, the Defendant was engaged in driving of B Poter Cargo Vehicles, and was under the influence of 0.034% of blood alcohol concentration on December 9, 2019, the Defendant was driving the said 44 Samsung Bio-Road at the Gunsan University, a Gunsan University, the above 1 lane in the direction of Masan distance from the direction of inland navigation distance, and was driving the said 1 lane in the direction of 50km speed.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly operate the brake system and safely drive it in accordance with good faith while living well on the part of the person engaged in driving the motor vehicle.

Nevertheless, the Defendant neglected this and went to turn to the left in accordance with the normal signals in the direction of the life-sustaining distance from time to time in violation of the suspension signals of the front line while under the influence of alcohol, and brought to the right right part of the victim D (the age of 63) driving E-learning car in the direction of the front line of the cargo.

After all, the Defendant, who violated the provision on the prohibition of driving under the influence of alcohol at least once, suffered injury, such as the victim F (V, 58 years old), G (V, 55 years old), and H (V, 59 years old), by negligence in the course of performing his/her duties, by causing the injury to the victim F (V, 58 years old), G (V, 55 years old), and H (V, 59 years old), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident actual condition survey report, a traffic accident site photograph, an inquiry into the results of the control of drinking and driving, a report on the circumstantial statement of a drinking driver, an investigation report, and a written diagnosis;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Acts concerning criminal facts;

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