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(영문) 창원지방법원통영지원 2020.10.27 2020고단831
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 22, 2020, the Defendant was driving a car from the Defendant’s residential 06:40 through Young-si B to the 30km-si Halle-gun Halle-gun Halle-si Halle-si Halle-si Halle-si Halle-si Halle-si Ga under the influence of alcohol content 0.068% under the influence of alcohol content.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with CApurt.

On May 2, 2020, the Defendant driven the said car under the influence of alcohol with 0.068% of alcohol concentration of 06:40 on May 22, 2020, and led to the operation of the said car to proceed to the intersection of the rural village adjacent to the intersection of the Thai-gun located in the Suyangnam-gun, Gyeongnam-gun, the Gyeongnam-gun, into the eth of the lower side of the water.

At this point, there is a center line of yellow solid lines, and there is a private distance crossing in the front section, so in such a case, there was a duty of care to prevent accidents, such as: (a) a person engaged in driving of a motor vehicle is well aware of the front section and the left and the right of the motor vehicle; and (b) a person engaged in driving of a motor vehicle does not overtake at an intersection or any other place prohibited from overtaking.

Nevertheless, in order to overtake a motor vehicle by a victim D (ma, 58 years old) who was under way at the front direction of the defendant's proceeding while neglecting alcohol, the defendant got the front part of the victim's left left-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-on vehicle at the intersection where overtaking is prohibited by negligence at the intersection where overtaking is obstructed.

As a result, the Defendant suffered injury to the victim, such as cerebral dead, which did not have any two internal organs, for about four weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. The statutes stipulate the defendant's legal statement (simplified traffic) diagnosis report, notification of the result of drinking driving control, and the actual situation survey report.

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