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(영문) 전주지방법원 군산지원 2015.07.01 2015고단398
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 28, 2015, the Defendant driven a C string-down vehicle with a blood alcohol concentration of about 0.091% in the section of about 2km from the 2km to the road in front of the new shooting distance located in the Sinsan Sinsi Port at around 23:35 on the same day from the roads of the Donscke in the Donsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si.

2. 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 C-wing and riding vehicle.

On March 28, 2015, at around 23:35, the Defendant driven the above vehicle while under the influence of alcohol of 0.091% with a blood alcohol concentration of 0.091%, and led the Defendant to turn to the left at an unsured speed at a speed according to one-laneh of the intersection of the new shooting distance, which is located in the military and mountainous port in the military and mountainous port.

It is a place where traffic is controlled by signal apparatus, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to the signal apparatus's instructions and prevent the accident from occurring.

Nevertheless, the defendant neglected to make a left-hand turn in violation of the signal while under the influence of alcohol, and caused the victim D (the aged 51) who was working in accordance with the normal signal from the opposite side of the moving direction of the defendant vehicle to the front part of the vehicle operated by the defendant.

Ultimately, the Defendant suffered, from the above occupational negligence, the injury of the victim D, including about four weeks of medical treatment, such as a closed duplicating dys, and the injury of the victim E (the 43 years of age) who is the passenger of the damaged vehicle, including two dyp dyp dyp fys, for about six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written statement of E and F;

1. Each written diagnosis;

1. A report on detection of a host driver;

1. Application of each statute on photographs;

1. Each relevant Article of the Act concerning criminal facts;

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