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(영문) 전주지방법원 2018.01.30 2017고단2015

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a rocketing car. On June 17, 2017, the Defendant driven the said car while under the influence of alcohol level of 0.162% from blood alcohol level in blood around 12:50 on June 17, 2017, and driven the said car with the right-hand turn from the shooting distance in front of the KT Building located in the NT-gu Automatic-gu Seoul Special Metropolitan City on the right-hand turn at the front of the front week.

In such cases, there was a duty of care to prevent accidents in advance by accurately manipulating the front, rear, and left and right of the driver and accurately manipulating the steering gear.

Nevertheless, the Defendant did not neglect the above duty of care and did so as to make a left-hand turn before the Defendant’s moving direction, and the Defendant was sent back the part behind the Defendant’s driving of the Victim D(48 S) drive, which was waiting to turn to the left-hand in front of the Defendant’s moving direction.

As a result, the Defendant suffered injury to the victim, such as climatic salt, tension, etc., which requires approximately two weeks of medical treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a C rocketing car in the state of alcohol alcohol concentration of approximately 0.162% from the 1km section from the 1km section of the KT Building in the same Gu from the front front of the modern rooftop in the Yasan-gu, Seoul Special Metropolitan City at the front of the day indicated in paragraph 1 to the long distance from the front of the KT Building.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.