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(영문) 전주지방법원 정읍지원 2017.08.31 2017고단259
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a C-car.

On May 4, 2017, the Defendant driven the said car under the influence of alcohol level of 0.134% during blood transfusion around 19:40 on May 4, 2017, and proceeded ahead of the traffic distance from the terminal side of the cross-city bus located in the west-gun of North Korea, the Defendant driven the said car along the influence of 0.134%.

At the time of night, the person engaged in driving service has a duty of care to prevent accidents by thoroughly operating the steering gear and operating the steering system in a thorough manner and accurately.

Nevertheless, the Defendant, while neglecting the influence of alcohol and going through as they were, was driven by the Defendant’s negligence, while driving Eystex drive E (56) of the victim D (56) who was waiting in the signal waiting at the front direction of the Defendant, and the above kysta car was driven by the victim F(44) who was waiting in the signal signal at the front direction.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D and the victim F, such as tensions, tensions, etc. in need of approximately two weeks of treatment, and suffered injury to the victim H (the 85 years old), who was a passenger of the said rocketing passenger car, for approximately two weeks of treatment.

2. Around 19:40 on May 4, 2017, the Defendant driven a C-car under the influence of alcohol level of 0.134% from the 2km section from the “Fannan Day,” located in the west-gun, Northern-gun, Northern-gun, North Korea, to the date, time, and place prescribed in the foregoing 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, F and H;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Road Traffic Act concerning criminal facts.

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