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(영문) 전주지방법원 2015.01.23 2014고단2079
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a three-dimensional vehicle.

On October 14, 2014, the Defendant driven the above vehicle while under the influence of alcohol of 0.092% with blood alcohol concentration of 0.00%, and proceeded with the road of 265 degrees in front of the 265 degrees in front of the head of the Si/Gun, the Si/Gun, the new line of which was 0.02%.

At that time, there was a center line of yellow solid lines, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the front line and the right and the right and the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting the above duty of care, went beyond the median line due to the negligence of driving a vehicle beyond the median line, caused the street trees and the said car to go into the drainage channel.

Ultimately, the Defendant caused the victim D (the 73 years old) who was a passenger of the Defendant’s driver’s car due to the foregoing occupational negligence to suffer injury, such as fladal dump, etc. on the left-hand fladal, which requires the medical treatment of 14 weeks, and the victim E (the 76 years old) of the same victim E (the 76-year old fladalum, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. A report on detection of a host driver;

1. Copy of the circumstantial statement of a host driver;

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the crime, Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents concerning D with heavy criminal situation)

1. The punishment of a violation of the Road Traffic Act shall be sentenced to imprisonment, and the punishment shall be sentenced to imprisonment;

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