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(영문) 전주지방법원 2018.08.14 2018고단404

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for four months.

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

On February 28, 2018, the Defendant, while under the influence of alcohol 0.081% among blood transfusions, driven a clateral car as his duties, and continued about 10 kilometers from the Hosungdong apartment parking lot located in 16-ro 2-lane 16 in Jeonju-si, Seojin-gu, Seoul, to the front road of the E hospital located in the same Gu.

Since the roads front of the above E hospital are installed at a crosswalk, the driver of the vehicle has a duty of care to check whether there is a person to walk the crosswalk by reducing the speed of the vehicle and by properly examining the right and the right of the road.

Nevertheless, the defendant neglected to do so and proceeded on the road by taking the victim F who crossed the above crosswalk on the right side from the left side of the running direction of the above car into the front part of the above car and let the victim go beyond the road.

In this regard, the Defendant suffered approximately four weeks of medical treatment due to the above occupational negligence, such as cage cages, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. 교통사고 보고 ⑴⑵

1. A report on the detection of a primary driver;

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

1. Statement hearing report;

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

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3 (2) (proviso) 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation of drinking alcohol and the selection of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, sustained a victim who dried the crosswalk due to the shock of the victim while driving alcohol.

However, the first offender is the victim, and only the victim is the victim.