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(영문) 전주지방법원 군산지원 2013.11.20 2013고단1392

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for 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

1. Around 23:50 on September 13, 2013, the Defendant driven a Cbenz car under the influence of alcohol concentration of approximately 0.167% at the 1km section from the 1km to the road in the Yandong-dong, Yasan-si, Yasan-si around 23:56 on the same day.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a car at Cenz.

On March 23, 2013, the Defendant driven the said car while under the influence of alcohol as described in the preceding paragraph at around 23:56 on March 23, 2013, and was straighten from the Electronic Islands distance in the Egymnae, to the direction of the Central Sports Park.

At the time, since it was difficult for a driver to see the front light due to the beam of the headlights of vehicles driving at night, there was a duty of care to reduce the speed and to see the front line well.

Nevertheless, under the influence of alcohol, the Defendant got the victim's front right side side part of the victim D (the age of 64) who crosses the road to the right side from the left side of the said car due to the negligence of driving the vehicle as it is while neglecting it, and let the victim go beyond the ground.

Ultimately, the Defendant suffered injury to the victim through occupational negligence as above, such as Section 3, which requires approximately eight weeks of treatment.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, protocol of police statement to D, Statement of State Drivers' Status Report

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2) and 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Suspension of execution exceeds the reflective nature of Article 62(1) of the Criminal Act, comprehensive insurance coverage, and fine;