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(영문) 청주지방법원 2020.09.15 2019고단2924
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. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and engages in driving service of automobiles;

On October 20, 2019, at around 01:13, the Defendant proceeded along the intersection of the new square distance from the direction of the ditch to the agricultural bridge, one-lane, from the direction of the intersection, along the common direction of the Jincheon-gun, Jincheon-gun.

Since there was a cross-section, a person engaged in driving of a motor vehicle has a duty of care to safely drive on the road by complying with traffic regulations, such as making it possible for the person engaged in driving of a motor vehicle to see whether there are other cross-sections while driving the motor vehicle, and not driving the motor vehicle without harming the central line.

Nevertheless, as the Defendant was under the influence of alcohol concentration of 0.084%, the Defendant’s right side part of the victim C Driving car, which entered the above intersection from the left side to the rule, was shocked into the front part of the Defendant’s vehicle’s left side.

Ultimately, the Defendant suffered injury to the above victim, such as duplicating a duplic which requires approximately 12 weeks of medical treatment due to occupational negligence, and at the same time suffered injury to the victim E, who is the same passenger E, such as cuplicating a cuplic which requires approximately 4 weeks of medical treatment.

2. On October 20, 2019, the Defendant: (a) around October 20, 201: (b) around October 20, 2019, at the F apartment parking lot of Jincheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, the Defendant: (c) flowed a car in the B as described in paragraph (1) while under the influence of alcohol with a blood alcohol concentration of 0.084% at the 1km section; and (d) drive the car.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of Acts and subordinate statutes, such as a report on the state of the driver, a traffic accident report, an accident site photograph, and a diagnosis report;

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

1. The Commercial Concurrent Crimes Act.

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