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(영문) 전주지방법원 남원지원 2014.09.30 2014고단197

교통사고처리특례법위반등

Text

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

1. On July 20, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while driving the said vehicle at the intersection in front of Samwon-si in order to drive the said vehicle under the influence of alcohol level of 0.09% on July 16:10, 2014, and driving it to the high-speed village from the right side of the education center for all North Korean students while driving the said vehicle at the intersection in order to turn to the right side of the high-speed village at the education center for all students, while driving the victim D (36 years of age) (the victim) driving the vehicle under the influence of alcohol and driving it to the left side from the right side of the Defendant's vehicle without reducing the speed, the Defendant received the front left side side part of the vehicle of the victim D (36 years of age) with the Defendant's vehicle driving in front of the passenger vehicle and added the said franchise to the adjacent dry field, thereby causing injury to the victim D, such as the victim's rash, the victim's 3-day-day treatment and the victim's 27 weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.09% in the section of about 3 km from the front of the education center for the students in the North Korean who had been in front of the said Eup at the time to the front of the said Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of D and I;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. On-site and vehicle photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1), proviso of Article 3(2)8 of the 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 concerning criminal facts;