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(영문) 전주지방법원 2017.09.12 2017고단884
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving service of lurged passenger vehicles.

On April 14, 2017, the Defendant, while under the influence of alcohol level of 0.097% from blood alcohol level around 09:50 on Apr. 14, 2017, the Defendant driven the said passenger vehicle at a level of 0.097%, and continued the F convenience point front of the F convenience point in North E in the front region of the front region.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, the Defendant did not perform his/her duty of care due to the influence of alcohol as above, thereby resulting in injury to the victim G (the 40-year-old driver) who was in the atmosphere of the signal signal at the front, due to occupational negligence, discovered late the above passenger-lane cargo vehicle, and suffered from approximately two weeks of light oil, etc. due to its shock.

2. On October 15, 2012, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (drinking) at the Gunsan Branch of the Jeonju District Court on the grounds of a violation of the Road Traffic Act (drinking). On April 14, 2017, the Defendant filed a request for a summary order of KRW 0.127% for a crime of driving a motor vehicle under the influence of alcohol while under the influence of alcohol during blood transfusion on April 14, 2017.

However, under the influence of alcohol level of 0.097% during the day-to-day alcohol level in paragraph (1), the Defendant driven a D-to-purd vehicle on the road of about 12 km away from any industrial company located in Indonsan-si in North Korea to the place under paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. The actual investigation report on traffic accidents;

1. A report on investigation (Attachment of a medical certificate);

1. References to inquiries, such as criminal history, and application of the statutes before and after the disposition;

1. Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Selection of Punishment.

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