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(영문) 제주지방법원 2018.09.19 2018고단24
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 driving a Clearning vehicle.

On November 17, 2017, the Defendant, while under the influence of alcohol level of 0.084% among the blood transfusion around 21:35 on November 17, 2017, came to proceed along one-lane from the right side of the two-lane road in Jeju City at the right side on the one-way side.

At the time of night and rain landing. At the same time, the crosswalk was installed at the front door, and in such a case, there was a duty of care to prevent accidents in advance, such as reducing speed and checking the right and the right of the driver of the motor vehicle, and safe driving of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant got the body of the victim F(51 years of age) and the victim G(44 years of age) to the left side from the right side by neglecting his/her construction speed without reducing speed, and caused the Defendant to go beyond the road.

Ultimately, the Defendant suffered injury to the victim F by occupational negligence on the part of the victim F, such as an injury to the 20-day therapy, and an injury to the victim G, such as an injury to the 6-day therapy.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

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

1. A report on the detection of a primary driver;

1. Inquiries about the results of crackdown on drinking driving;

1. Each written diagnosis;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 148-2 (2) 3 and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the occupation of a person on duty and on duty) concerning facts constituting an offense;

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

1. Selection of penalty: Imprisonment with or without prison labor;

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