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(영문) 대전지방법원서산지원 2020.08.26 2020고단514
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

On July 5, 2019, the Defendant received a summary order of KRW 1.5 million for a fine for violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing or other car.

On February 20, 2020, the Defendant, while under the influence of alcohol of 00:58, driven the said car with 0.180% of blood alcohol concentration, and continued to drive the said car on a three-lane road in front of the “D” store in Jin-si C at the time of Jin-si along the two-lanes in the direction of direction from the direction of direction to the direction of transmission.

At the time, there was an intersection where signal lights are installed at night and at the front, so there was a duty of care to reduce the speed and properly manipulate the steering and brake system to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while driving a vehicle in the front direction of the car of the Defendant, and the part of the driver was followed by the Farburt vehicle driven by the victim E (Woo, 51 years old) who was in the front direction of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about 15 days by occupational negligence as above.

2. On February 20, 2020, at around 00:58, the Defendant driven a B rocketing car under the influence of alcohol content of about 2 km from the 2km section to the road in front of the “D” store located in Sinjin-si, Sinjin-si, Sinjin-si, Sinjin-si, to the location near the Sinjin-si bus terminal.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Request for appraisal, notification on the results of the drinking driving control, and report on the circumstances of a drinking driver;

1. A medical certificate;

1. A statement on criminal records, etc.;

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