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(영문) 전주지방법원 2014.11.28 2014고단1698
교통사고처리특례법위반등
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 two years from the date of the final judgment.

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 who is engaged in driving a rocketing vehicle.

On May 19, 2014, at around 02:49, the Defendant driven the above vehicle while under the influence of alcohol of 0.121% of alcohol concentration, and led to two-lanes depending on the direction of the front line from the military calculation to the front line.

At the time of night, however, the opening was coming in the front door, and therefore, the defendant engaged in driving business has a duty of care to reduce the speed and to safely check the front door well.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded in the same direction, caused the injury of dump trucks of the victim D(the age of 42) to the front part of the above rocketing-pump truck, which requires approximately two weeks of treatment to the above D, such as cump shots and tensions, and the injury of the victim FF (the age of 30) who was accompanied by the Defendant’s vehicle, such as dump sump sump and sump sump sumkes that require about ten (10) weeks of treatment.

2. Around 02:49 on May 19, 2014, the Defendant driven C rocketing vehicles under the influence of alcohol by 0.121% at the section of about 35 km from the front of the Eberland PC bank located in the Sinsan Sinsan-si Dondong to the front road located in front of the Donjin-gu Dondong-dong Dondong-dong 200 meters prior to the front of the Dondong-dong Dondong-dong Dondong.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1) (2) and photograph;

1. A report on detection of a host driver;

1. Statement in the circumstances of an employee;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a victim's F diagnosis certificate);

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of criminal punishment, and Article 3 (1) and (2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents;

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