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(영문) 제주지방법원 2013.09.25 2013고단1013
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. Around 16:00 on July 14, 2013, the Defendant driven B Poter Cargo Vehicles while under the influence of alcohol level of 0.058% at the 516th-lane in the pakdong at Jeju.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is the person who is engaged in driving the above cargo.

The Defendant driven the cargo vehicle at the same time and place as the preceding paragraph, and continued to run approximately 50 km from the south of Korea ecological forest to the outside of Korea ecological forest.

Since it is a road to stop, the defendant engaged in driving of the motor vehicle has a duty of care to safely operate the steering gear and steering the steering gear by accurately operating the steering gear.

Nevertheless, the Defendant neglected to do so and strokeed while under the influence of alcohol as above.

Around 6 weeks of medical treatment is required for the victim C (at 16 years of age) who is his/her father, who is his/her father, by shocking the border area located on the right side of the above cargo vehicle to the right side of the route, to receive approximately 12 weeks of medical treatment for approximately 12 weeks of medical treatment for approximately 8 to 12 weeks of medical treatment for the above cargo vehicle, and for the victim D (at 14 years of age) of the defendant's son for approximately 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a report on detection of a host driver;

1. A traffic accident report1 and a traffic accident report2;

1. Photographs, such as an accident site;

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

1. Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment prescribed for the said crimes against C with heavier punishment);

1. The Act on Special Cases concerning elective Traffic Accidents;

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