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(영문) 전주지방법원 2017.02.14 2016고단2113
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person who is engaged in the operation of Bunst Motor Vehicle.

1. On November 10, 2016, the Defendant driving the said vehicle under the influence of alcohol level of 0.127% in a section of about five meters from the roads connected to the said area at the Yansan-gu C Parking lot in the Jeonsi-si, Jeonju on November 10, 2016.

2. On November 10, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said motor vehicle while under the influence of alcohol level of 0.127% among blood transfusions at around 22:45, and driven the said motor vehicle at the speed of one-lanes of the road that connects the said motor vehicle at the Yansan-gu C parking lot in Jeonju-si, Jeonju-si.

At night, there was a duty of care to reduce speed to a person engaged in driving of a motor vehicle, and to safely operate the steering and steering the steering system by properly manipulating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the E-Engine bicycle driving ahead of the E-Engine device that the victim D (21) drives along the road where he is under the influence of alcohol while neglecting it.

As a result, the Defendant suffered injury to the victim, such as a laging wound, which requires approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Voluntary accompanying report;

1. A report on the detection of a driver at a driving school, a report on the circumstances of the driver at a driving school, a report on the appearance, uniform, language, and attitude of the driver at a driving school, and a report on whether the driver at a driving

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 3(1) and (2) of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of drinking driving, etc.).

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