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(영문) 전주지방법원 군산지원 2015.07.01 2015고단422
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 April 5, 2015, at around 13:30 on April 13:30, 2015, the Defendant driving a Cpoter, sporabbbbing truck with approximately 150 meters of alcohol level 0.148% under the influence of alcohol level from the front day of the restaurant in which it is impossible to know the trade name in the spond of the spoke-si in the spond of Sinsan City to the front day of the Han new apartment.

2. On April 5, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), while under the influence of alcohol, driven the said cargo vehicle and proceeded along the three-lane distance in front of the Han apartment, a Han-gu, Gyeong-gu, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-do, with two-lanes in front of the Han-gu, Gyeong-gu, Gyeong-gu, Gyeong-do, and proceeded to the right side

In this case, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the steering system, such as taking the front side and the left side well, and accurately operating the steering system.

Nevertheless, the Defendant neglected to do so and caused the victim D (e.g., age 72) who crosses the road on the front side of the above cargo due to the negligence of bypassing the left part of the above cargo while under the influence of alcohol.

Ultimately, the Defendant suffered from the injury of the victim of the 12 weeks’ end due to the occupational negligence as above, that the victim suffered from the injury of the body part of L2, which was the body part of L1, which was in need of approximately 12 weeks’ treatment, as well as the body part of L2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Inquiry about the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, 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;

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