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(영문) 청주지방법원 2021.03.25 2020고단2302
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On October 13, 2008, the Defendant was issued a summary order of KRW 3.5 million by the Cheongju District Court as a crime of violating the Road Traffic Act.

[Criminal facts]

1. Around September 21, 2020, the Defendant violated the Road Traffic Act (breathing) driven a DM5 car in a state of alcohol alcohol alcohol content of 0.109% from the 1km section from the 1k section from the roads in front of the Cheongju-si 1639, a considerable amount of Cheongju-si, to the front roads in C in the same Gu.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

2. The Defendant is a person who is engaged in driving a DSS5 car.

On September 5, 2020, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.109% during blood transfusions on September 21, 2020, and proceeded at a speed of 30 km per hour at a speed of 30 km from the Cheongju Library to E-section from the Cheongju Library Library's surface in order to drive the said vehicle under the influence of alcohol concentration of 0.109%.

Since the location was an intersection where a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle traveling along the intersection by reducing speed and by properly examining the right and the right of the road, and to prevent the accident in advance by driving safely according to the traffic signals.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to observe the signal and continued to enter the intersection at the same speed, brought about the right-hand side of the GTS125 U.S., which the victim F ( South, 20 years old) was driving in the direction of C (hereinafter referred to as “F”) from the direction of E to the left-hand turn in the direction of C.

Ultimately, the Defendant suffered injury to the victim of the instant occupational negligence, i.e., the 5 week period of medical treatment.

3. The Defendant violated the Guarantee of Automobile Compensation Act was a person who owns a DSS5 vehicle.

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