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(영문) 대전지방법원천안지원 2020.11.09 2020고단2167
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 became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP land.

On July 5, 2020, the Defendant driven the said car under the influence of alcohol of 0.083% with a blood alcohol concentration of 0.083% around 08:37, and driven the two-lane road along the two-lanes at a point of 273km in the direction of the Yananananannam-gu, Seoul Metropolitan City.

In this case, the driver of the vehicle has a duty of care to properly see the front left and accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a stroke while driving a stroke and was negligent in not operating the steering gear well, and was driven by the victim C (Name and 5 years old) who was driving at the first lane in the front direction, and was driven by the victim C(S).

As a result, the Defendant suffered injury to the victim C, the victim E (V, 51 years old), and the victim F (V, 57 years old), respectively, due to the above occupational negligence, such as salt dynasium, tension, etc. that require approximately two-day medical treatment.

2. On July 5, 2020, the Defendant was under the influence of alcohol on July 5, 2020: (a) around 08:37, the Defendant driven a car in the B SP area from G to the point where approximately 273 km is located in the Yannam-gu Yandong-gu, Yandong-gu, Yanannam-gu, the flow of alcohol level from G to 0.03 km.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A copy of each medical certificate;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. On-site photographs of the accident site photographs, rear boomers, video CDs;

1. A report on traffic accidents and a report on actual condition;

1. Application of Acts and subordinate statutes to investigation reports (Application of the Tramark Official Form);

1. Handling of each corresponding Article of the Act on Criminal Facts;

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