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(영문) 제주지방법원 2019.09.27 2019고단24

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 November 20, 2018, the Defendant, while under the influence of alcohol of 06:04% of blood alcohol concentration, driven a benz car with Benz and proceeded with a two-lane road in the front of Dmat C at Jeju, with a two-lane road in the vicinity of cultural knife which is linked at Jeju.

At the time, it was difficult to see the surrounding area with a new wall, and at all times, a crosswalk was installed at the front, so in such a case, a person engaged in driving a motor vehicle has a duty of care to drive the motor vehicle by thoroughly driving on the front side and the left side.

Nevertheless, the Defendant neglected this and took part of the body part of the victim E (the age of 64) who was crossing the crosswalk in the bend-down room due to negligence in the course of the business, which was driven by the Defendant, as the front part of the Defendant’s driver’s car, and suffered injury to the victim, such as the detailed unexplosion of the upper alley bruptr, which requires about 10 weeks medical treatment.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of traffic accident-related persons prepared E;

1. Investigative report (verification of black boxes) and video (including attached documents) of police preparation;

1. Report on the occurrence of a traffic accident prepared by police officers, report on the situation of a driver with a drinking driver, investigation report, investigation report, inquiry into the results of the crackdown on drinking driving, and report on a traffic accident;

1. Statement of a general diagnosis document for E in preparation of doctor F; and

1. Application of each video statute to a scene photograph;

1. Article 148-2(2)3 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) and Article 44(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (amended by Act No. 15530, Mar. 27, 2018) causing injury to the victim by causing traffic accidents: Article 3(1) and proviso of Article 3(2)6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; the Criminal Act.