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(영문) 전주지방법원 2017.08.22 2017고단923
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 engaging in driving service of a passenger car in the second highest Pest.

On April 6, 2017, the Defendant, while under the influence of alcohol leveling 0.179% from blood alcohol leveling around 15:40 on Apr. 6, 2017, had a road of one-laned one way ahead of D department D located in Seojin-gu, Jeonjin-gu, Jeonjin-gu, Jeonju to turn to the right from the wall apartment.

Since there is a three-distance intersection, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving by reducing speed and checking the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left and received the right edge of the victim E (the age of 64) who dried the road from the right side of the Defendant’s proceeding to the left side of the road.

Ultimately, the Defendant suffered injury to the victim, such as a 5-day frame, 2-year aggregate, etc., to the right-hand part of the victim, which requires approximately 4 weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a B-hand car with alcohol content of about 200 meters from the 200-meter section to the place indicated in paragraph (1), from the 55-hivem powder front of the Seo-jin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City during the day indicated in paragraph (1) to the place indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

1. A survey report on actual conditions;

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

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

1. Imprisonment without prison labor and imprisonment with labor for the remaining crimes against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the Act on the Suspension of Execution of Article 62(1) of the Criminal Act, which provides community service order and a community service order.

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