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(영문) 전주지방법원 남원지원 2013.07.16 2013고단104
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a franchise-low vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act;

On April 10, 2013, at around 20:26, the Defendant driven the above vehicle while under the influence of alcohol 0.102% of alcohol concentration, and driven the said vehicle at a low speed of 4-laned road from the breath to the breath of the front city at the south of the city.

At the time, the road was bended by night and at this point, so in this case, the defendant engaged in driving service had a duty of care to safely drive the steering gear and brake system by reducing the speed of the motor vehicle and accurately manipulating the steering gear and brake system while living well on the right and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to accurately control hand-on roads bended by the negligence while under the influence of alcohol as seen above, and caused the vehicle to deviate from the road and shock the retaining wall, and continuously shocked the signs adjacent thereto.

After all, the Defendant suffered injury, such as a duplicities, which includes three cupages, which require approximately 6 weeks of medical treatment, from the same negligence as above, the victim C(the age of 43).

2. Violation of the Road Traffic Act (In a case where an accident occurred) was committed by the Defendant at the same time and at the same place as the above paragraph (1), the Defendant left the scene without taking necessary measures and left the vehicle alone, even though the vehicle deviates from the road and gets a signboard on the right-hand side of the moving direction due to the operation of steering gear, lodging, etc. while driving the wheeler car owned by the Defendant, etc., the Defendant left the site without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A written statement prepared in C;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. The circumstantial statement of an employee will be made;

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