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(영문) 전주지방법원 정읍지원 2017.08.17 2017고단201
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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On April 28, 2017, the Defendant driven the said car under the influence of alcohol level of 0.085% among blood alcohol level around 01:20, and proceeded to the first apartment house in front of the D gas station located in the city of Jung-Eup at Jung-Eup at the public health clinic in the city of Jung-Eup, the Defendant neglected to perform the duty of Jeon-young si and caused the Defendant’s fault directly, and by negligence, the Defendant’s fK7 driving of the victim E (42 years old) who was proceeding to the left side from the right side of the Defendant’s proceeding to the upper part of the said Ha (42 years old)’s driving. The Defendant suffered no injury to the victim G (48 years old), a passenger of the said K7 car, and the victim H (62 years old) who was the passenger of the said Haunk-dong car in order to open the treatment for two weeks, respectively.

2. On November 2, 2006, the Defendant issued a summary order of KRW 2 million for a violation of Road Traffic Act (driving) at the Jeonju District Court’s Full Eup branch on November 2, 2006 and KRW 3 million for the same crime at the same court on February 17, 2011.

On April 28, 2017, the Defendant driven B rocketing car under the influence of alcohol leveling of about 500 meters from the front line of the Franchisium, “The Franchisium,” which is located in the Suchisium, to the front line of the D stations located in C at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and G;

1. A H statement;

1. Each written diagnosis;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A traffic accident report;

1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking), Article 3 (1) and Article 3 (2) 8 of the same Act, Article 268 of the Criminal Act;

1. Commercial concurrence;

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