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(영문) 전주지방법원 정읍지원 2019.06.18 2019고단57
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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 motor vehicle B.

On November 15, 2018, the Defendant driven the above vehicle at around 19:04, and proceeded with the three-distance in front of the North Korean territory C in front of the North Korean territory from the side of the bank.

In this case, the driver of the motor vehicle has a duty of care to safely drive the steering gear and steering gear by complying with the speed limit, driving the steering gear and operating the steering gear accurately.

Nevertheless, the Defendant neglected to do so and did so and did not 0.065% alcohol content while under the influence of alcohol, and was in excess of the speed of 70.9 km at a speed exceeding the speed of 70.9 km per hour, and was driven by the victim D(the age of 42) who was driving at the front of the Defendant at the time when the Defendant was on the left at the speed of the mawing and III cargo vehicle in front of the Defendant vehicle.

Ultimately, the Defendant suffered damage to a victim by occupational negligence during approximately 32 weeks from a c6/C7 sprink and a sprinking water.

2. On November 15, 2018, the defendant who violated the Road Traffic Act (driving) shall be above-mentioned around 19:04 on November 15, 2018.

As described in the port, while under the influence of alcohol content of 0.065%, she driven the above Ecoos vehicle from the front of “G cafeteria” to the front of the entrance of the former Northwest-gun, the area of about 8km from the front of “G cafeteria” to the front of the entrance of the former Northwest-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Diagnosis certificates (D) and responses to requests (D);

1. Report on detection of, and investigation into, a host driver (report on the status of the host driver);

1. Response to the request for appraisal;

1. Application of the Acts and subordinate statutes notifying results of traffic accident analysis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Facts constituting an offense, and subparagraphs 3 and 8 of the proviso;

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