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(영문) 전주지방법원 군산지원 2013.03.14 2012고단3160
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around 00:20 on October 15, 2012, the Defendant driving a BS7 car under the influence of alcohol content of approximately 2K from the parking lot of the National Agricultural Cooperative Federation located in the Young-si, Dasan-si to the front of the piracy office household located in the Donsan-si, Hasan-si.

2. On October 15, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), while under the influence of alcohol, driven the said IM7 car and driven the intersection in front of the households for piracy affairs from the northwest market to the new gas station in the direction of the two-lanes of the three-lane.

At the time, the surrounding area was difficult and the crosswalk is installed, and the attendance of pedestrians is anticipated, so there was a duty of care to check whether a person engaged in driving service is a person who gets on a road by checking well the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, under the influence of alcohol, the Defendant, by negligence while neglecting the front-time city and driving the said crosswalk, shocked the victim C (the age of 17) who was crossing the said crosswalk to the front part of the said car, and shocked the victim D (the age of 18) to the front part of the said car, leading the victim D (the age of 18) to the road.

Ultimately, the Defendant suffered injury to the victim C, including the above occupational categories of injury, 14 weeks of the open frame of guard frame, etc., and injury to the victim D, such as light d's salt, tension, etc., for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D or C;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1), proviso of Article 3(2), subparagraphs 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 of the Road Traffic Act concerning criminal facts;

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