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(영문) 전주지방법원 2019.05.17 2018고단2396

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a Grandland car.

1. On October 28, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led to the two-lanes between the four-lanes in the direction of the E department store in the direction of the E department store, where he/she is under the influence of alcohol concentration of 0.105%.

In such cases, a person engaged in driving a motor vehicle has a duty of care to accurately operate the steering system, brakes, etc. of the motor vehicle and to observe and safely proceed on the front side and the left side.

Nevertheless, due to the negligence of neglecting this, the Defendant was negligent in driving the victim F (ma, 44 years old) waiting at the front side of the Defendant’s vehicle, followed the GM7 vehicle behind the Defendant’s vehicle in front of the vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim F, such as salt cat, etc. in need of medical treatment for about two weeks, and suffered injury to H (5 years old), I (43 years old), I (45 years old), and J (Nam, and 16 years old) in need of medical treatment for about two weeks.

2. On October 28, 2018, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol content of about 0.105% from a section of about 500 meters up to the front road of the D pharmacy located in C, “L” restaurant located in the Ynsan-gu Seoul Metropolitan City, Jeonju, to the front road of the D pharmacy located in C, by around 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident actual condition survey report and photographs;

1. Report on the result of drinking control;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, 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);

1. The Commercial Concurrent Crimes Act.