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(영문) 전주지방법원 2016.07.07 2016고단458
교통사고처리특례법위반등
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

Criminal facts

The Defendant is a person engaging in driving a rocketing car.

On April 2, 2016, the Defendant, while under the influence of alcohol 0.135% during blood transfusion, driven the said car without obtaining a driver’s license, and attempted to park the car on the side side at the two-lane in front of D in the front city in the front city of the Jeonju City, by driving the said car without obtaining a driver’s license.

At the time, the surrounding areas were kept at night, and there are frequent traffic of pedestrians, so if a person engaged in driving a motor vehicle attempted to drive a motor vehicle, he/she has a duty of care to safely drive the motor vehicle and prevent the accident in advance by taking into account whether there is a pedestrian travelling behind the motor vehicle and safely driving the motor vehicle.

However, the Defendant did not discover the victim E (the age of 23) who was trying to follow the vehicle due to negligence while neglecting his/her duty, and did not discover the way to follow the vehicle (the age of 23) and suffered injury to the victim, such as salt, tension, etc. on the side of the side of the said vehicle, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report on the actual condition of traffic accidents, report on the detection of drivers in charge, inquiry into driver's licenses, inquiry into mandatory insurance, and application of Acts and subordinate statutes;

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The punishment of imprisonment without prison labor shall be imposed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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