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(영문) 전주지방법원 정읍지원 2017.10.19 2017고단286
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On October 10, 2008, the Defendant received a summary order of KRW 500,000 from the Jeonju District Court’s Eup branch, and a summary order of KRW 1 million on November 20, 2015 due to a violation of Road Traffic Act (driving).

On July 2, 2017, the Defendant, at around 17:50, driven a sod vehicle C, driving a sod vehicle at the Chumb, and was under the influence of alcohol leveling 0.092% in blood at the front of D, Chang Chang-gu, Seoul, under the influence of alcohol leveling to 0.092% in blood.

There are no signal apparatus installed and concession signs. Accordingly, the Defendant engaged in driving service, despite the fact that there is another vehicle driving in the intersection by making a reduction of speed and driving on the front side and the left side, should be checked and proceed safely. Nevertheless, the Defendant suffered injury, such as the victim’s G (the 56 years old and the 51 years old and the 2 years old and the 51 years old and the 51 years old and the 52 years old and the 42 years old, the driver’s seat in driving car of the victim E (the 42 years old) driving on the side of the above intersection, who proceeded in the above intersection to the “Scand the cand the cand the cand the cirthm of the said vehicle,” which requires the victim’s treatment for approximately six weeks, as well as the injury to the victim G (the c and the catus) and the cat of the above damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of H and E;

1. Each written diagnosis;

1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;

1. Application of an inquiry letter, such as criminal history, and an investigation report (related Acts and subordinate statutes not less than twice the driving force of a suspect drinking);

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

1. The Commercial Concurrent Crimes Act.

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