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(영문) 전주지방법원 2018.05.29 2018고단98
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 who is engaged in driving the Clearning Passenger Vehicle.

On January 6, 2018, the Defendant, without a driver's license of a motor vehicle around 06:50, while under the influence of alcohol with 0.087% in alcohol during blood, had a 494-hon-ro square distance from the direction of the stadium to the direction of the training plaza, as he turned out in the Yijin-gu of Jeon-gu in Jeonju.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly operating the steering and brakes well, and by properly manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and neglected to do so, and instead neglected to do so, the victim D (64) who was parked in the front bank in accordance with the new subparagraph was driven by the victim D(64) in the front part of the said rocketing passenger car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. On January 6, 2018, the Defendant was under the influence of alcohol concentration of 0.087% in the blood transfusion without a driver’s license in the section of approximately 2km from the front day of the stalking-gu, the front day of the stalking-gu, Seoul Special Metropolitan City, about 06:50 on January 6, 2018, and the Defendant was under the influence of alcohol concentration of 0.087% in the blood transfusion without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Statement;

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 the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (a point of driving without a license);

1.Article 40 of the Criminal Code of Trade and Trade.

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