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(영문) 광주지방법원 2017.07.20 2017고단1716

교통사고처리특례법위반(치상)등

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On March 8, 2017, the Defendant driven the said car under the influence of alcohol level of 0.161 percent from blood alcohol level around 00:30 on March 8, 2017, and continued to drive the said car according to three-lanes in front of the 119 Safety Center, located in the 202 Northbuk-gu, Gwangju, as northwest-gu.

At the time, there was no good view at night, and there was a road bended by the coordinates. In such a case, the Defendant, who is engaged in driving of the motor vehicle, had a duty of care to look at the front and rear left and right well, and to accurately operate the steering gear and to safely proceed with it.

Nevertheless, the Defendant was negligent in driving the said vehicle while under the influence of alcohol, and the Defendant was faced with the victim E (4 years old) who is the victim C and the passenger of the said taxi with approximately 2 weeks of alcohol in order to avoid the shock of the said vehicle by sudden change of the tea line to one lane in order to avoid the shock of the said vehicle, and was led to the Defendant’s left-hand side of the victim C(52 years) driving along the same direction one lane in the same direction. In short, the Defendant sustained the injury of the victim C and the victim E (4 years old), who is the passenger of the said taxi, by driving the said vehicle under the influence of alcohol, by driving the said vehicle in a state where it is difficult to drive the vehicle normally.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver involved and the details of management of the detection report;

1. A survey report on actual condition and an accident photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

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

1. Punishment of imprisonment without prison labor for a crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;