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(영문) 전주지방법원 2020.01.14 2019고단993
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 engaged in driving a BM5 vehicle.

On April 27, 2019, at around 07:05, the Defendant driven the said car while under the influence of alcohol with 0.079% of alcohol concentration, and led to turn to the left at the face of the E oriental medical clinic in front of the Dart located in Yasan-gu Seoul Special Metropolitan City during the Jeonju City by driving the said car.

However, in this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals while driving the motor vehicle on the front side and the left.

Nevertheless, the Defendant neglected to turn to the left due to the negligence in violation of the signal and received the front part of the Hpoter vehicle operated by the injured party G (the aged 58) under the new code from the boundary of the F Hospital to the width width. The Defendant received the front part of the driver's seat in front of the driving of the Hpoter vehicle.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim G, such as a knee, kne, and knee, which require two-day medical treatment, on the left-hand side in need of approximately 12 weeks of medical treatment, on the part of the victim I (the age of 24) who was on the Defendant’s driving, and on the part of the unknown part, and on the part of the victim J (the age of 22) who was on the Defendant’s driving, who was on the said vehicle, sustained the injury, such as a fele, which requires more than 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. An accident site photograph;

1. Notification of the control of drinking driving;

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

1. Each statement (G and J);

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

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 and Article 44 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts.

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