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(영문) 제주지방법원 2017.08.25 2017고단1606
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On June 1, 2017, the Defendant driven the said car under the influence of alcohol content of 0.077% in blood around 01:50, while driving the said car at a 0.07% alcohol level, and continued to drive the said car at a low speed from the surface of the west Seaside of Chocheon-gu at Jeju, Seocheon-gu at the time of Jeju to the intersection of the brine at a low speed.

At the time, it is night and in front of the intersection where a red-off signal, etc. is installed, so in such a case, the driver of the motor vehicle has a duty of care to stop the front and the right and the right before entering the intersection and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and entered the intersection as it is, led to the failure of entering the intersection by neglecting the red-off warning signal, and caused the victim’s front part of the victim’s DNA driving, which was left by the left side from the right side of the running direction of the Defendant, to the right side of the said vehicle.

In conclusion, the defendant, by negligence in the above occupational negligence, suffered injury to the victim F (the 28 years old) of the arms elbow in need of approximately 3 weeks of medical treatment, injury to the victim F (the 28 years old), which requires approximately 2 weeks of medical treatment, and injury to the victim G (the 26 years old), which requires approximately 3 weeks of medical treatment to the same passenger G (the 26 years old), and suffered from the victim H (the 39 years old), who is the passenger of the defendant's vehicle, for approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual condition, on the site, and photographs and on-site photographs of the accident scene;

1. Each written diagnosis (H, D, F, G);

1. Application of Acts and subordinate statutes to a statement on the situation of a driver of a vehicle driving, data on the measurement of drinking alcohol, and a report on detection of the driver;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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