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(영문) 전주지방법원 2013.10.23 2013고단1767

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around 00:10 on June 10, 2013, the Defendant driven a B observer car from the front of a restaurant in the vicinity of the Seojin-gu Hodong Home Pung-dong in the Jeondong-gu, Seoul Special Self-Governing Province to the front of the 711-4 km-dong in Jeonju-si, Jeondong-gu, the Defendant was under the influence of alcohol concentration of 0.081% in blood.

2. On June 10, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 00:10 on June 10, 2013, driving the said car under the influence of alcohol, and driving the said car, leading to the above honorary restaurant, along the three-lane road, from the shooting distance of the riding track to the Hosung Middle School.

The defendant engaged in driving of motor vehicles had a duty of care to safely operate the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and proceeded ahead of it in the same direction as the passenger car driving direction by the Defendant, while driving a vehicle in the same direction as that of the Defendant’s passenger vehicle driving, and was driven by the victim C(26 years old) driving in the traffic signal atmosphere, with the lower part of the Defendant’s passenger vehicle driving.

The Defendant suffered, by these occupational negligence, the injury of salt and tensions to the above C, and the injury of the victim E (the age of 27) who was accompanied by the said Liber car, such as light 3 and 4, which require approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

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

1. Article 3 (1) 8 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 8 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;