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(영문) 전주지방법원 정읍지원 2014.09.04 2014고단332

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a C low-priced car.

On May 21, 2014, the Defendant driven the above vehicle at around 14:15 on May 21, 2014, and made a left turn to the left at the seat of the sloping village located in the valley of the head of Si/Gun/Gu.

Since there is a wide road in this case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a motor vehicle and to prevent accidents by entering the road.

Nevertheless, while driving the above vehicle under the influence of alcohol, the Defendant interfered with the course of the E-cargo driven by the victim D (year 56) who was normally proceeding on the left-hand side of the running direction of the Defendant due to occupational negligence that failed to fulfill the above duty of care while driving the above vehicle, and shocked the part of the front-hand part of the said cargo vehicle.

As a result, the Defendant suffered injury to the Defendant’s wife F (n, 49 years of age) of the Defendant’s wife F (n, a female, the age of 49) such as a charnel of the body part necessary to provide approximately 8 weeks medical treatment, and the victim G (n, the age of 49) of the lower passenger of the said vehicle was 7,8,9, and 10 years of age.

2. The Defendant was driving the said vehicle without a driver’s license at the time and place specified in paragraph 1, while under the influence of alcohol concentration of 0.158%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes to medical certificates (F), medical certificates (G);

1. Article 3(1), the proviso of Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the Road Traffic Act.