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(영문) 전주지방법원 군산지원 2019.07.12 2019고단459

교통사고처리특례법위반(치상)등

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the service of operating a cruise car.

On November 9, 2018, the Defendant, while under the influence of alcohol of 0.132% of blood alcohol concentration at 0.132%, operated the said three-lanes in the front C in the military, Sinsan City, and continued by driving the said three-lanes in the direction of the new transmission distance at a speed of about 94 km from the direction of the new transmission distance.

It is a road with a restricted speed of 50km per hour. In such a case, there was a duty of care to safely drive the brakes by complying with the restricted speed and properly manipulating the brakes through the operation of the brakes.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, changed the speed to about 94 km in speed, and failed to properly operate the electric e-mail and the brake system, led to the change of the vehicle from two lanes to one lane, and the left-hand side part of the victim D (the age of 32) driving, which was in progress, led to the change to the right-hand side of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in both sides of trees requiring treatment for about three weeks by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act (amended by Act No. 16037, Dec. 24, 2018) and Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (Article 148-2(2)2 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (Article 3(1) of the Act on Special Cases concerning the

1. The Criminal Act, the suspension of execution;