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(영문) 전주지방법원 군산지원 2020.02.05 2019고단1443
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 21, 2019, the Defendant, who is engaged in driving B-learning automobiles, was driving the said two-lanes in front of the Damsan Park in the military under the influence of alcohol concentration of 0.083% around 17:40 on September 21, 2019, and was driving the said two-lanes in front of the Damsan Park in the direction of C-university, leading directly to about 50km a speed from the direction of C-university.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, failed to properly operate the front-down city and the operation of the operation system, caused the victim D(W, 46 years old) who was parked in a signal atmosphere at the front of the day, to shock the back-down part of the passenger vehicle in front of the front-standing vehicle.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim D, such as salt ties and tensions that require approximately two weeks of medical treatment, and the injury to the victim F (50 years of age), G (17 years of age), H (17 years of age), I (17 years of age), and I (18 years of age), such as dump dump, tensions, and tensions that require two weeks of medical treatment, respectively, and the victim J (L, 46 years of age) suffered from each injury, such as dump, tensions, tensions, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the report on the occurrence of a traffic accident, the report on a traffic accident (1) (2), the photograph at the scene of the accident, the report on the actual state of a driver, and

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle);

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

1. Crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in which punishment is imposed, shall be sentenced to imprisonment without prison labor;

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