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(영문) 전주지방법원 2018.09.04 2018고단1201
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 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 car in Ireland.

On May 3, 2018, around 22:15, the Defendant proceeded with “D” front of “D,” located in Seojin-gu, Seojin-gu, Chungcheongnam-gu, Seoul, with a view to a shooting range from the view of the well-known shooting distance, and left the left at the seat of the apartment.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected this and received the front portion of the Defendant’s car in front of the Defendant’s car, which is driven by the victim E (the age of 50) in the opposite opposite lane due to the negligence of driving under the influence of alcohol.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said car under the influence of alcohol leveling of about 0.119% in the section of approximately 400 meters from the roads in front of the J apartment apartment in Seojin-gu Seoul Metropolitan City at the time of the day of the above paragraph (1) to the front distance of the D'D' located in Seojin-gu Seoul Metropolitan City at the time of the Jeonjin-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The report (i) on the traffic accident; and

1. Notification of the results of regulating drinking driving;

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

1. Statement hearing report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act for orders to provide community service and attend lectures;

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