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(영문) 전주지방법원 정읍지원 2018.09.11 2018고단196
교통사고처리특례법위반(치상)등
Text

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

except that the above sentence shall be executed for a period of 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 B rocketing vehicles.

1. On April 10, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above vehicle at around 00:08, and led the two-lanes of two lanes near the 300-lane radius of the national road 300 meters adjacent to the Cheongdo-gun, Do-gun, North Korea.

At the same time, there was a preceding vehicle in front of the vehicle, so in such a case, the driver of the vehicle has a duty of care to observe the distance between the vehicle and to prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and received the rear part of the DPoter II truck drivened by the Defendant as the front part of the vehicle driving by the Defendant, which was driven by the victim C, who was under the influence of alcohol 0.161% while under the influence of alcohol, due to the negligence of neglecting the breath in the front direction.

As a result, the Defendant suffered injury to the victim due to the occupational negligence as seen above, such as the trend of warning and the fluoral dynasium in need of approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking) driving the said vehicle under the influence of alcohol content of approximately 0.161% from the section of about 10km to the roads near 300 meters away from the 30-meter crossing of the national highways No. 30 in the Dogjin-gun of the same military forces from the director general of the regional office of 63-3 local office to the prosperity of the Dog-gun of the Dog-gun of the same military forces, which was around the day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Evidence and photographs at the accident scene;

1. C’s statement;

1. The ledger using sobling measuring instruments;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes (C);

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Act on Criminal Facts, Article 268 of the Criminal Act (the point of causing bodily injury due to occupational negligence, the choice of imprisonment without prison labor), and Article 268 of the Criminal Act.

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