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(영문) 대전지방법원 2020.09.18 2020고단2444
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On May 16, 2020, the Defendant driven the above car on May 16, 2020, and driven it on the Seo-gu Incheon Metropolitan City, Seo-gu, Daejeon Metropolitan City, along the two-lane road in front of the four-lane distance of the sewage from Cside to the one-lane distance from the one-lane distance.

At the same time, there was a signal at the front door, so in such a case, there was a duty of care to prevent an accident by safely driving a motor vehicle, such as a person engaged in driving the motor vehicle, a person who is in charge of driving the motor vehicle, and accurately operating the steering and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the above duty of care and was driven by the victim D (year 41) who was stopped at the front section of the car of the Defendant in accordance with the red signal at the passenger car set by the Defendant. The lower part of the EM car was driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks by occupational negligence as above.

2. Around 00:10 on May 16, 2020, the Defendant driven a B-low-water vehicle under the influence of alcohol concentration of approximately 0.163% from the section of approximately 200 meters to the two-lane roads of sewage in the Seo-gu, Seogu, Daejeon, where the trade name in Seo-gu, Seo-gu, Daejeon is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A statement prepared by the F;

1. Traffic accident reports (1) (2) (including actual condition survey reports), field photographs, report on the circumstances of a drinking driver, investigation report, notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, and application of Acts and subordinate statutes to each written diagnosis;

1. Relevant provisions concerning facts constituting an offense;

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