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(영문) 전주지방법원 2019.07.05 2017고단2373
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a B rocketing or other car.

On November 17, 2017, the Defendant driven the said car under the influence of alcohol level of 0.098% on blood alcohol level around 18:30 on November 17, 2017, and driven the said car into the area of a military fire fighting box, depending on one lane between the two parallels in salary grade 1120-1 in the military mountain city.

At the same time, there was a left-hand turn, and there was a front-hand vehicle at the front door, so in such a case, there was a duty of care to safely operate the front left, and to prevent accidents by operating the front left-hand and the front-hand system accurately.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering direction and operation system due to influence of drinking, and was driven by the victim C(63 years of age) to turn to the left at the front line of the pertinent car due to the negligence of not operating the steering direction and operation system accurately, and received the part of the Defendant’s crime back to the front line of the instant car.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as finite finites, which requires approximately two weeks of treatment.

2. Violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free License) were driven by the Defendant under the influence of alcohol of 0.098% in the blood alcohol concentration at approximately 50km section from the front day to the place specified in paragraph 1 at the time of the temporary border as set forth in paragraph 1.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated B rocketing automobiles not covered by mandatory insurance at the time and place mentioned in paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report on traffic accidents, and field photographs of traffic accidents;

1. Notification of the results of the drinking driving control;

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