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(영문) 제주지방법원 2016.06.08 2016고단333
교통사고처리특례법위반등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

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 who is engaged in driving a rocketing car.

On January 31, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.111% without a driver’s license on January 31, 2016, and continued to drive the said vehicle in front of the cooking office, which is located in the Sasan-Eup’s cooking, Seopo-si’s cooking.

Since there was a road without distinction between the roadway and India, there was a duty of care to ensure safe operation by accurately operating the steering and steering devices while driving the vehicle as a driver of the vehicle and driving the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded with the left part of the victim D (59) who was walking along the road from the right side of the progress direction of the Defendant, due to the negligence in the course of his duties, which led to the Defendant’s failure to see the front right side of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim during approximately eight weeks of medical treatment due to occupational negligence as above.

2. The Defendant was driving the said vehicle under the influence of alcohol content of 0.11% while under the influence of alcohol without a driver’s license at a section of about 5km from the Do near Sungsan-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si to the above accident site.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Making teas;

1. Photographss by capturing a black stuffe image;

1. Written statements of D;

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

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

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