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(영문) 전주지방법원 2016.02.02 2015고단1791
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2007, the Defendant received a summary order of KRW 1.5 million from the Jeonju District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and on February 12, 2013, from the Jeonju District Court Gunsan Branch, to a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking driving).

On October 2, 2015, the Defendant was under the influence of 0.141% of alcohol during blood without obtaining a driver’s license of a motor vehicle on October 15, 2015, and was driving C gallon II as a gallon, thereby driving the motor vehicle at a dallonying speed to turn to the left at the right-hand side of the E iron shop located in D in the Jeonju-gun.

At that time, the driver of the vehicle tried to turn to the third-lane road in a narrow runway and narrow runway, so in such a case, the driver of the vehicle has a duty of care to prevent accidents, such as driving safely by checking the front side and the right and the right.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and received the front part of the victim F(22 3) driver’s 125 cc motor bicycle driving from the front part of the driver’s seat of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting off flavers to the right flavers, which requires approximately seven weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A traffic accident report, an accident scene photograph, a report on the occurrence of a traffic accident, and on-site photograph;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. A medical certificate;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 3(1), Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point on duty and on duty) and Article 148-2(1)1, and Article 44 of the Road Traffic Act concerning criminal facts.

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