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(영문) 대전지방법원 2020.08.13 2020고단711
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On June 16, 2016, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on June 16, 2016.

【Criminal Facts】

The defendant is a person engaged in driving Category B vehicles.

1. Around 07:00 on January 27, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) changed the lane from the side of the East-gu, Daejeon, without obtaining a driver’s license under the influence of alcohol level of 0.110%, while driving along the D Cow, Ltd. in the East-gu, Daejeon.

In this case, a person engaged in driving of a motor vehicle has a duty of care to inform the direction change to direction direction etc. in advance and to safely change the lane by taking into account the traffic situation of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the course while changing the course, and received the left-hand part of the victim G(the age of 60) driving in the same direction four lanes from the same direction as the Defendant’s front right-hand part of the above vehicle.

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

2. Violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Driving without a license) were driven by the Defendant without obtaining a driver’s license at a distance of about 3 km from the front side of the son’s house located in Daejeon-gu, Daejeon-gu, Daejeon-gu, to the front side of the djust oil station located in Dong-gu, Dong-gu, to approximately 0.110% of alcohol level under the influence of alcohol level 0.110%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report on the actual condition, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and register of driver's licenses;

1. On-site photographs, control photographs, etc.;

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