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(영문) 전주지방법원 2020.07.22 2019고단2139
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[Criminal Power] On June 26, 2018, the Defendant received a summary order of KRW 1,50,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On October 17, 2019, the Defendant driven the foregoing vehicle while under the influence of alcohol of 0.132% of blood alcohol level on October 17, 2019, and led to the driving of the vehicle in front of the Jinan-gun 24 new intersection road in front of the Jin-gun, Jin-gun, Jin-gun, Jin-do, to the Jin-Eup Myeon.

At the time, there was a signal at night and at the front place, so in such a case, there was a duty of care to reduce the speed to the person engaged in driving service and to prevent the accident in advance by looking at the other vehicles' attitudes in the signal lights and the front door.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the front part of the Dpoter 2 truck driven by the Defendant with the rear part of the Dpoter 2 truck drivened by the victim C (Name and 59 years old) who was stopped according to a stop signal due to the negligence without reducing the speed without living well before it.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. On October 17, 2019, at around 19:35, the Defendant driven B 2, while under the influence of alcohol alcohol concentration of about 0.132% in the section of about 6K from the front of the F general restaurant to the front of the Jinanan-gun, Jinan-gun, Jinan-gun, Jinan-gun, North Korea, to the front of the new intersection 24m.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A survey report, photograph, and medical certificate on actual condition;

1. A report on the statement of the executive status of an employee;

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