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(영문) 전주지방법원 2017.02.07 2016고단749

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On May 24, 2016, the Defendant driven the above cargo vehicle under the influence of alcohol level of 0.123% from the blood alcohol level around 18:45 on May 24, 2016, and proceeded to turn to the left at about 30 km from the center side of the west-gu Seoul Special Metropolitan City by driving the above cargo vehicle under the influence of alcohol level of 0.123%.

Since a crosswalk is not installed at the front of that place, there is no signal signal, the driver of the vehicle has a duty of care to safely drive the crosswalk and safely prevent the accident after checking whether there is a pedestrian who gets to walk the front door and the left door.

Nevertheless, when the defendant neglected to turn to the left as it is due to negligence, the defendant did not discover the victim D (38 Do) and the victim E (43) with the left-hand side from the right-hand side of the defendant living in the course of the defendant, and did not receive the victims with the front part of the above cargo vehicle, and caused the victims D to suffer injuries such as dystrophal styp, etc. which require approximately two weeks of treatment, and caused the victims E to suffer injuries such as crypumum dump, etc. which require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and a report on whether he is dangerous;

1. Each written diagnosis;

1. Application of the Act and subordinate statutes to the scene photographs (Evidence No. 3);

1. Article 3 (1), the proviso to Article 3 (2) 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving under influence of alcohol);

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

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;