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(영문) 광주지방법원 2019.01.22 2018고단4214

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On June 27, 2008, the Defendant was issued a summary order of five million won or more due to the violation of the Road Traffic Act, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Bodily Injury resulting from Dangerous Driving) at the Gunsan Branch of the Jeonju District Court, and on August 28, 2008, the Gwangju District Court was sentenced to a suspended sentence of two months or more due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (licensed Driving). On October 29, 2014, the Defendant was sentenced to a suspended sentence of two years or more due to a suspended sentence of six months.

【Criminal Facts】

The Defendant is a person engaging in driving a rocketing car.

On October 16, 2018, the Defendant driven the said car while under the influence of alcohol 0.183% of the blood alcohol concentration around 11:30 on October 16, 2018, and led to the flow of the road near Gwangju Northern-gu C from the front side to the string.

At the time, there was a vehicle driving along the front section of the vehicle, so in such a case, a person engaged in driving service has a duty of care to prevent accidents by thoroughly operating the front section and by accurately operating the steering direction and brake system of the vehicle.

Nevertheless, the defendant is under the influence of alcohol and is negligent in doing so.

The top part of the Esch Rexton car driven by the victim D(35 years old) was followed by the Esch Rexton car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as cryp salt, which requires approximately two weeks of treatment, and the injury to the victim F (F, E, E, E, 27 years of age), which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, application of statutes;

1. Each relevant Article of the Act concerning criminal facts;