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(영문) 제주지방법원 2020.02.19 2019고단2078
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 low-est car.

1. On May 27, 2019, the Defendant: (a) driven a motor vehicle with the highest alcohol level of 0.092% under the influence of alcohol in the U.S. from the U.S. section to the private distance at the entrance of the D college located in Jeju Island from the roads adjacent to the insular road (hereinafter referred to as the “PP”) around 06:25 on May 27, 2019.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive the said car at the above temporary border along the two-lane distance from the street to the Eriju station at the street.

Since there is an intersection in which traffic control is performed, there was a duty of care to safely operate the vehicle in a clear spirit by examining the front side and the left side while driving the vehicle to a person engaged in driving the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.092%, caused the Defendant’s negligence of keeping the front signal while being red, and caused the Defendant’s car driving Gwing up to the right side from the left side of the vehicle driving direction to the Defendant’s car driving level F (ma, 34 years old) and shocked the Defendant’s car driving side into the front side.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as brain-dead sugar, which does not have two or more organs open for two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the actual state of the driver;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing CCTV images CDs at the site of an accident;

1. Article 3(1), proviso of Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2(2)3 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts (amended by Act No. 16037, Dec. 24, 2018).

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