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(영문) 전주지방법원 남원지원 2019.06.04 2019고단35

교통사고처리특례법위반(치상)등

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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 12, 2019, at around 03:09, the Defendant driven a DMW car with a blood alcohol concentration of about 0.116% from the 1km section from the parking lot of “Ccafeteria” located in the Southern-si, Namwon-si, Seoul Special Metropolitan City to the Southern-si, Namwon-si, Seoul Special Metropolitan City.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a DMW car.

On January 12, 2019, the Defendant driving the above car at around 03:09, and driving the crew member of the Do-dong in South Won-si, the Defendant proceeded at a speed of about 67 km per hour between three lanes in the direction of the distance from the boundary to the southwon-si.

At the time, the location of the accident is night and the surface was milch because the accident occurred. Therefore, the driver of the vehicle has a duty of care to reduce the speed to those engaged in driving, thoroughly perform the duty of booming on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the correct operation of brakes

Nevertheless, the Defendant neglected this and was negligent in proceeding more than 20 km with the limitation speed of alcohol as above, and was driven by the victim E(59) who was going to illegally walk from the right side of the Defendant’s running to the opposite line.

Ultimately, the Defendant, by such occupational negligence, suffered injury to the victim E, such as sugar in which there is no two or more inner sufferings in need of medical treatment for about two weeks, from the victim G (V, 18 years old) who was aboard the Defendant’s vehicle, such as catum catum in need of medical treatment for about three weeks, and from the victim H (V, 26 years old), catum catum in need of medical treatment for about two weeks, and from around three weeks to the victim I (V) in need of medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, G, H, and I;

1. The actual condition survey report;

1. Notification of the results of the drinking driving control;