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(영문) 광주지방법원 순천지원 2017.07.07 2017고단846

교통사고처리특례법위반(치상)등

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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 17, 2007, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's net support on October 17, 2007, and on January 8, 2015, the same court issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving).

The Defendant is a person engaging in driving a rocketing vehicle B.

On April 18, 2017, the Defendant driven the said rocketing vehicle under the influence of alcohol content of 0.072% among the blood transfusion around 19:26 on April 18, 2017, and continued to proceed to the road located in the front of the D in 190 C at net City C.

At the time, the place is where the center line is installed, and in this case, the person engaged in driving motor vehicles has a duty of care to avoid being invaded by the center line.

Nevertheless, the Defendant neglected to proceed to the left-hand side with the center line tightly negligently, and received the front part of the victim E (Sweet 56 years old)’s low-speed vehicle running to the right-hand side from the left-hand side of the running direction of the above rocketing and other vehicles.

As a result, the Defendant suffered from the fluoral finites in need of approximately two weeks of treatment to the victim in the above occupational course and room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (3), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that there are many previous drivers of drinking alcohol, and traffic accidents.