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(영문) 전주지방법원 2017.03.21 2016고단2260
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person engaging in driving a shower car.

On November 7, 2016, the Defendant driven the said vehicle under the influence of alcohol of 0.145% in blood without obtaining a driver’s license on November 23:50, and driven the said vehicle along the lane along the direction from the right edge to the distance from the right edge on the side of the front side of the D-do located in Seojin-gu Seoul at Jeonjin-gu at Jeonju-gu.

At the same time, the Defendant was at night in the vicinity, and the Defendant was behind the F rocketing taxi driven by the victim E (37 arche) prior to the same direction, and accordingly, a person engaged in driving a motor vehicle has a duty of care to immediately stop and prevent an accident.

Nevertheless, under the influence of alcohol, the Defendant found that the Defendant was negligent in stopping the said taxi due to negligence while neglecting it, and found that the Defendant was late behind the stopping of the said taxi, and caused the victim G (22 ) who was on board the said taxi to suffer injury to the said taxi and the said passenger G (22 ) on the part of the front part of the said vehicle, by taking advantage of the panion part behind the said taxi and getting on the said taxi to receive approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Application of Chapter Two Acts and subordinate statutes to medical certificates;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a crime of violating Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) of the Criminal Act, which aggravated concurrent crimes.

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