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(영문) 전주지방법원 정읍지원 2016.07.12 2016고단181
교통사고처리특례법위반등
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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B Poter freight vehicles.

On April 16, 2016, the Defendant driven the above cargo while under the influence of alcohol 0.107% during blood transfusions on April 16, 2016, and continued the front road into the king area at the south-Eup located in the south-Eup of Jeong-gu, Tae-nam at Jung-Eup.

At night, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes for those engaged in driving of a motor vehicle at night.

Nevertheless, while neglecting this, the Defendant, while proceeding on the left side, was negligent in operating the Gap self-Hand on the left side and driving over the center line and driving over the opposite lane, and received street trees that were planted above the opposite vehicle's neighboring delivery.

Ultimately, the Defendant suffered from the injury of the victim C (the remaining, 25 years of age) who was accompanied by the above occupational negligence, such as a pelle and a closed pele, which require approximately 12 weeks medical treatment.

2. The defendant is a person who is engaged in driving a vehicle B in freight trucking from a road traffic law.

The Defendant driven B Poter cargo vehicle while under the influence of alcohol concentration of 0.107% in blood at the time and place specified in paragraph (1) of the judgment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C (victim);

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A traffic accident report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (2) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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