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(영문) 전주지방법원 2018.07.10 2018고단626
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 passenger car with B low-priced car.

On March 9, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.097% during blood transfusions on March 23:2, 2018, and was driving in front of the mountain village in the Mung-si public morals in Kim Jong-si, Kim Jong-si, along the two-lanes of the two-lane road from the Hasan City to Kim Jong-si.

At the time, there was a duty of care to see a person engaged in driving at night, and not drive under the influence of alcohol.

Nevertheless, while under the influence of alcohol, the Defendant did not avoid the victim C (58 years old)'s 5 ton truck that was driven in the front bank due to negligence while driving a vehicle in the front bank, and shocked into the front part of the said car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim E (the victim E (the victim 46 years old) who was on the top of the pertinent car in need of approximately 2 weeks of medical treatment, and suffered injury, such as a right-hand dyke dyke, which requires approximately 14 weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said vehicle at approximately 10km section from the trade name in front of the non-cafeteria cafeteria at the Ysan-si Masan-si, under the influence of alcohol content of 0.097% during the temporary border, such as the statement 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. Each written diagnosis;

1. Statement protocol (C, E);

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, applicable to Acts and subordinate statutes, and Article 268 of the Criminal Act, and Articles 148-2(2)3 and 44(1) of the Road Traffic Act, applicable to a medical statement (whether serious injury is inflicted)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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