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(영문) 대전지방법원 홍성지원 2021.02.09 2020고단1087
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

On July 27, 2020, the Defendant driven a car with alcohol level of 0.084% from blood alcohol level around 07:26 on July 27, 2020, and proceeded to turn to the left at a speed of about 10 km from the surface of the building E at the front of the D convenience store in Boh City.

In such cases, any person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in a manner that impedes and impedes others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the Defendant neglected to do so and neglected to do so and did not make a left-hand turn to the left-hand turn at the right-hand edge of the Defendant’s car. However, the Defendant followed the part of the victim F (son, 26 years old) who was in front of the above D convenience store by negligence and followed the part of the victim F (son, 26 years old) with the left-hand wheels of the Defendant.

The Defendant, by negligence in the course of performing such duties, sustained injury to salt and tensions in the 2 weeks of trees, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, report on internal internal investigation (referring to the submission of a victim's diagnosis report), report on internal investigation (referring to the submission of a victim's diagnosis report), investigation into traffic accidents, and notification

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(3)2 and 44(1) (the point of drinking alcohol and the choice of imprisonment), Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of recommended punishment according to the sentencing guidelines for sentencing provided for in Article 62-2 of the Criminal Act shall be limited to traffic accidents.

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