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(영문) 전주지방법원 2014.04.18 2014고단76
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal power] On May 30, 2008, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act at the Jeonju District Court on May 30, 2008, and a fine of KRW 2.5 million as a fine in the same court on November 12, 2009, respectively.

【Criminal Facts】

The Defendant is a person engaging in driving a rocketing vehicle B.

On January 5, 2014, at around 22:05, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.195% at the two-lanes in front of the ninitroon Dondondondon Dondondon-si, Suwon-gun, North Korea, and proceeded one lane at the speed of the U.S. at the right angle from the enclosed direction.

At the time of night, in such cases, a person engaged in driving service has a duty of care to prevent accidents by safely operating the steering system, such as a person who is engaged in driving service and operating a steering boat and brake accurately.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and went by the negligence of the Defendant, led the victim C(the age of 52) in the front of the vehicle in which the Defendant is driving, following the vehicle driven by the victim C(the age of 52) in the front signal.

Ultimately, the Defendant suffered, by such negligence, the injury to the victim C, such as salt ties and tensions that require approximately two weeks of medical treatment, and the victim E (the 52-year-old) who is the passenger of the victimized vehicle, respectively, the injury to the victim E (the 52-year-old-age-old-old chills) that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. A traffic accident actual condition survey report, accident site, and photograph of the accident vehicle;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to the same type of summary order) Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a point of sound driving), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act.

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