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(영문) 전주지방법원 군산지원 2014.12.03 2014고단902
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a DNA car.

On June 6, 2014, at around 02:50, the Defendant driven the said car while under the influence of alcohol of 0.065% of blood alcohol concentration, and led to the two-lane road of F side letter E in the followingsan City, the Defendant driven the said car along the two-lanes from the side of Kim Jong-si to the original Mine University.

At the time, it is night, and in the same direction, the victim G (the age of 23) is behind the vehicle driven by the victim G, so there was a duty of care for the person engaged in driving service to safely operate the steering gear and the steering gear accurately.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and received the back part of the above Obama as the front part of the car driven by the Defendant by negligence.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence by suffering from an injury to the victim, such as blood transfusion in a light-to-face in which there are two or more open situations where medical treatment is needed.

2. Around 02:50 on June 6, 2014, the Defendant driven a DNA car under the influence of alcohol with a blood alcohol concentration of 0.065% from a section of about 25 km to the road in front of the mutually aesthetic frequency of the trade name, which is in the Gunsan Urban Campaign, to the road in front of the F in the Dosan City E.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A medical certificate;

1. A report on detection of a host driver;

1. Application of statutes on site photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Of the concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of adding up the long-term punishments for each crime, but shall be punished by imprisonment);

1. Suspension of execution;

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