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(영문) 전주지방법원 정읍지원 2018.04.17 2017고단539
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

except that the sentence shall be imposed for a period of three years from the date the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2017, the Defendant driven the B-wing and C truck with alcohol concentration of 0.084% in blood, while driving it under the influence of alcohol leveling around 15:10 on October 27, 2017, and driven the front of the North Chang-gun of North Korea along the flow of the road in front of the Jin Chang-gun of North Korea in the direction of the flow distance from the flow distance of the west-gun to the flow distance of the west.

However, since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has been safely driven in accordance with the set line by checking the front line and the left and right.

Despite the need to do so, it was caused by the negligence of disregarding the center line of yellow solid lines without a various safety driving and proceeding beyond it in the opposite direction, and the victim D(82) driving E-Engine bicycle driving that proceeds along the upper distance from the upper distance of the front side of the front side of the instant truck and suffered injury, such as the “fluoring and closing down the upper part of the floor side of the front side of the instant truck,” which requires approximately 12 weeks medical treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions, records of regular use on the side of drinking, and a statement on the circumstances of drivers of drinking alcohol;

1. A copy of a medical certificate;

1. Application of statutes on site photographs;

1. Relevant Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act (the punishment shall be aggravated by concurrent crimes with the punishment prescribed for a more severe crime in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, but shall be punished by imprisonment with prison labor);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act [the scope of punishment] of the general traffic accident category 1 (Bodily Injury resulting from Traffic Accidents) (8 months to 2 years) in the aggravated area (the special mitigation (aggravated mitigation)] is not punishable (a damage.

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