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(영문) 전주지방법원 2019.07.05 2019고단317
교통사고처리특례법위반(치상)등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:50 on February 5, 2019, the Defendant: (a) driven a motor vehicle in the Espact area under the influence of alcohol with approximately 500 meters alcohol concentration of 0.081% from the section of approximately 500 meters from the Yansan-gu B apartment parking lot in the front city to the front distance of the Dentwon in C.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a car in the E-PP area.

The Defendant, while under the influence of alcohol level 0.081% at the time and time set forth in paragraph (1), driven the said car, and led to the intersection of the Drown distance in front of the Drown-gu Seoul Metropolitan City at the front city of the Jeonju to the speed above the b apartment to the bF building at the speed.

At the time, there is a night and place intersection, so in such cases, there was a duty of care to check whether there is a vehicle entering the intersection by reducing the speed or temporarily stopping the vehicle, and to prevent the accident in advance by proceeding along the right edge of the road.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the right side of the H-to-hand motor vehicle driven by the victim G(W, 52 years old) at the left-hand turn in accordance with the normal signals in a part facing the left-hand side of the motor vehicle driven by the Defendant due to the negligence of entering the first lane while neglecting it.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Notification of the control results of drinking driving, and a report on the driving of a drinking driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (video recording devices);

1. Article 3(1), the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act.

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