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(영문) 전주지방법원 2020.05.19 2019고단1841

교통사고처리특례법위반(치상)등

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The punishment of the accused shall be determined by eight months of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a freight vehicle B.

On April 28, 2019, at around 17:52, the Defendant, while under the influence of alcohol of 0.062%, driven the said “wing-3” truck with the blood alcohol concentration of 0.062%, led to the Defendant’s driving of the said “wing-3” truck in front of the D parking lot in Kim Jong-si, driving the said truck at a speed of about 20km per hour.

In this case, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle after checking whether there is a pedestrian in the rear side while accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected to do so and did not look at whether there was a pedestrian in the rear bank, and did not discover the victim F (34 years old) who was parked in the front door of the Ethying “Sstrento 3” passenger vehicle, which was parked in the rear corner of the cargo vehicle of the Defendant’s operation, and instead did not discover the victim F (34 years old). The lower part of the said “Sstrento 3” passenger vehicle was placed behind the left side of the cargo vehicle of the Defendant’s operation, and caused the said victim, as seen above, who was the victim of the said “Sstrento 3” passenger vehicle, to go between the head door of the said “Sstrento.”

As a result, the Defendant suffered injury to the victim, such as the fever, which is a total of eight weeks of medical treatment, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the same time and at the same time driven the said “wing-down 3” truck in about about 10 meters while under the influence of alcohol on the roads front of the said D parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, report on the actual condition of the investigation, evidence photographs, analysis photographs of Ma2 Vehicle Trackings, notification of the results of the drinking driving control, estimates, and application of

1. Relevant provisions of the Act and the proviso to Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.