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(영문) 전주지방법원 2015.08.11 2015고단533

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

At around 07:10 on January 31, 2015, the Defendant driven a business DNA car with a level of 0.15% alcohol level, while under the influence of alcohol level of 0.15% on the roads of the 4-lane in Jinjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), and proceeded at a speed of about 40 km per hour according to the 1-lane in the jurisdiction of the fire station.

Since there is a crosswalk on which signal lights are installed at the front of that place, there was a duty of care to reduce the speed for drivers of motor vehicles and to prevent accidents in advance by safely driving according to traffic signals.

Nevertheless, under the influence of alcohol, the Defendant did not find the victim E (70 years old) (a) who was placed on the left side of the crosswalk from the right side of the Defendant’s moving the crosswalk from the right side of the road, and received the victim’s bridge in front of the right side of the said car.

Ultimately, the Defendant, while under the influence of alcohol as above, caused the victim to suffer approximately 12 weeks of medical treatment by negligence in the course of his/her occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. On-site reports (related to telephone conversations of a blind person), investigation reports (related to unmanned control data at the scene of an accident), management of unmanned control data, and screen pictures;

1. Investigation report (related to the front-hands of the statement, the inter-sections and pedestrian crossing directions);

1. Application of the Acts and subordinate statutes of the entrustment and reply;

1. Article 3 (1), Article 3 (2) (proviso) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Aggravation for concurrent crimes;