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(영문) 전주지방법원 2018.04.10 2017고단2534
교통사고처리특례법위반(치상)등
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 a period of 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) is a person who is engaged in driving of a motor vehicle with soflurged vehicle C.

On December 8, 2017, the Defendant driven the above vehicle at around 02:25, while driving the vehicle in front of the E cafeteria located in Donsan-gu, Jeonju-si, the Defendant continued to drive the vehicle in front of the E cafeteria in front of the road in Donsan-gu, Jeonsan-si beyond the central line in the direction of the knife-gu.

In such cases, all drivers are prohibited from driving a motor vehicle while under the influence of alcohol, and have a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as driving the center right side of the road.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim F (56 years old) who was driven by the victim F.F. (56 years old) who was driven by the central line due to occupational negligence in the bypassing the center line in the middle of the vehicle. The front part of the driver's seat of the G M& car driven by the victim F.F. (56 years old) was driven by the front part of the vehicle.

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

2. On the same date as paragraph 1, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.073% from the 5m section of the blood alcohol content from the E cafeteria parking lot located in Yansan-gu, Jeonju City to the place referred to in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Notification of the results of regulating drinking driving;

1. Statement;

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

1. Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of driving alcohol);

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence shall be sentenced to imprisonment without prison labor and a violation of the Road Traffic Act;

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