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(영문) 전주지방법원 정읍지원 2019.07.04 2019고단185
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 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) by the Defendant is a person engaging in driving a rocketing car.

On March 8, 2019, the Defendant driven the above vehicle while under the influence of alcohol 0.125% with blood alcohol level 0.125% on March 23:5, 2019, and proceeded along the two-lanes from the boundary of the bridges to the remote distance distance. The Defendant changed the course in the direction of the two-lane.

In such cases, the driver of a motor vehicle has the duty of care not to change the course when it is likely to obstruct the normal passage of the motor vehicle due to the driving of another motor vehicle.

Nevertheless, the defendant's negligence of changing the two lanes from the first lane to the second two lanes, and found late the e-car driven by the victim D (the age of 22) who is driving in the second two lanes, and failed to avoid the e-car, the defendant's pent part with the right side side of the victim's vehicle was shocked with the upper side of the victim's vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D, such as salt, tensions, etc. of a shoulder boom, which requires approximately two weeks of medical treatment on the victim F of the victim of the damaged vehicle (the 25-year old age), suffered from the victim F of the victim of the damaged vehicle (the 25-year old age), the injury of chills, tensions, etc. requiring approximately two weeks of medical treatment on the victim G (the 22-year old age), the injury of chills, tensions, etc. requiring approximately two weeks of medical treatment on the part of the damaged vehicle H(the 22-year old age), and the injury on the part of the bridges following the unknown details.

2. The Defendant is under the influence of alcohol by 0.125% in a section of about 5 km from the J in the case of a temporary border as set forth in the above paragraph (1) of the Road Traffic Act to the roads in front of Jung-Eup, a place where the said accident occurred.

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