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(영문) 전주지방법원 2017.01.10 2016고단1649
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. Around August 22, 2016, the Defendant violated the Road Traffic Act (divated driving) driven a E-ro-crock cruise car under the influence of alcohol concentration of about 0.080% in the section of approximately 1km from the front of the road to D in the front of the road located in the Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do.

2. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who drives a cruise car in the E-cock.

On August 2, 2016, at around 22:40, the Defendant driven the said car with alcohol level of 0.080% in alcohol during blood, and proceeded to the steering distance from the rith Trith Trith Trith to the front road located in the former North-gun C, U.S., without considering the traffic situation before and after, and without using the operation and steering gear accurately, followed by negligence by the victim F (17 ) who was on the right right side of the marith, and the victim G (15 ) who was under the influence of the Defendant’s driving, and led the victims to go beyond the road.

As a result, the Defendant caused an accident due to the above occupational negligence, and suffered injury to the victim F, such as the left-hand check room, which requires approximately three weeks of medical treatment, and the victim G, including five mid-term aggregates in the left-hand bar, which require approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. A traffic accident report (1) (2) (2)

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. Each investigation report (the details of the accident, drinking-related measurement, accident circumstances, and road form);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to field photographs (six times); and

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 (the point of driving under influence of alcohol);

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

1. Punishment;

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