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(영문) 제주지방법원 2018.07.09 2017고단2986
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. The Defendant is a person who is engaged in driving a car of Category C Lastren, in violation of the Act on the Special Cases Concerning the Settlement of Traffic Accidents.

On September 21, 2017, the Defendant driven the above car on September 21, 2017, and led D to the direction of a mountain on the right side of the table.

At the time, the location is an intersection with no signal apparatus, and there was a vehicle standing to turn to the left at the front, so in such a case, there was a duty of care to prevent accidents in advance by properly manipulating the steering and brakes while living well at the front.

Nevertheless, the Defendant neglected this and was negligent in driving 0.116% alcohol content while under the influence of alcohol in blood, and due to the negligence that he was unable to see the front section in the front section of the Defendant’s vehicle to turn to the left at the front section of the Defendant’s vehicle (69 years old).

In the end, the Defendant suffered injury, such as salt, tension, etc., of a breath that requires the victim about two weeks of medical treatment due to occupational negligence, which was unable to live well while under the influence of alcohol.

2. On September 21, 2017, the Defendant: (a) driven a Crocketing car under the influence of alcohol content of about 0.116% at a section of approximately 3.6km from the front of the post office of the ticket line located on the top of the ticket line at Seopopopo City, Seopopo City, to the front road of Seopopo City, Seopopo City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the actual survey report, report on the occurrence of a traffic accident, and statutes governing the scene photographs of an accident;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving under influence of alcohol) concerning criminal facts;

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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