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(영문) 제주지방법원 2020.04.03 2019고단2628
교통사고처리특례법위반(치상)등
Text

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

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On July 26, 2019, the Defendant was issued a summary order of KRW 1,50,000 by the Jeju District Court to a fine for a violation of the Road Traffic Act.

[Criminal Facts of the crime] On July 19, 2019, the Defendant driven B Poter Ⅱ while under the influence of alcohol 0.156% on blood alcohol level on 19:02, and went back to drive the Poter Ⅱ while violating Article 44(1) of the Road Traffic Act more than twice and driving the front road of the Seopopopo Road at the Donpo-si into the Donpo-si.

At the time, other vehicles are parked or stopped in front and rear of the road where the defendant tried to park the above cargo vehicle. In such a case, the driver of the motor vehicle has a duty of care to take care of the front and rear left and to prevent the accident by accurately manipulating the brakes and steering gear.

Nevertheless, the Defendant neglected this and stopped on the road due to occupational negligence, and caused the injury to the victim E (the age of 38) of the F SP car in front of the EF sP car, which was parked on the road, due to shocking the rear part of the vehicle loaded on the said cargo vehicle, for about three weeks of medical treatment, and suffered from the injury to the victim G (the age of 5) who is a passenger of the said SP car, for about three weeks of medical treatment.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. To enter into investigation reports on police preparation and telephone communications;

1. Each entry into the police’s report on the occurrence of a traffic accident, the report on the actual condition of the driver, the report on the situation of the driver, the investigation report, the report on the detection of the driver, and the inquiry into management of the report on the detection of the driver; and

1. Each image of photographic pictures of the scene of an accident, the G of the preparation of a doctor H, and the E;

1. Previous convictions in the judgment: Before the disposition and the results of confirmation;

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