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(영문) 대전지방법원 2020.11.12 2020고단2867
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

On October 22, 2009, the Defendant received a summary order of KRW 3 million from the Daejeon District Court on the grounds of a violation of the Road Traffic Act (driving). On June 23, 2014, a summary order of KRW 1.5 million as a fine for the same crime in the same court on June 23, 2014, and a summary order of KRW 5 million as a fine in the same court on June 2, 2016, respectively.

1. Around 03:00 on May 15, 2020, the Defendant driven a C rocketing car under the influence of alcohol with a maximum of 0.153% alcohol concentration from the entrance of the 2km section of approximately 2 km from the 3-7m-dong, Chungcheongnam-dong, Daejeon to the 3-7m-dong, Daejeon to B.

2. The defendant is a person who is engaged in driving a passenger car such as that described in paragraph (1).

On May 15, 2020, the Defendant driven the said car under the influence of alcohol of 0.153% of blood alcohol level around 03:00, while driving the said car, and driving the side road of Daejeon Dong-gu, Daejeon with approximately 20km of food production observation phase from the 3,000 parks to the 30km of food production.

At the time, at night and its location was back to the absence of a central line, so in such a case, there was a duty of care to take a person engaged in driving a motor vehicle into account the right and the right and the right and the right and the right and the right, and to accurately manipulate the steering direction and the system, to prevent the accident from occurring.

Nevertheless, the defendant neglected to do so under the influence of alcohol and proceeds in the direction opposite to the left-hand side of the said car by the Esch Rexton sports freight driven by the victim D (ma, 56 years old).

The lower part of the left-hand side of the said cargo vehicle was shocked by the negligence that did not recognize that the vehicle is under the stop, and the lower part of the said vehicle's left-hand side was shocked.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. The defendant's written statement of the police concerning D's legal statement is 1.

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