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(영문) 광주지방법원 목포지원 2019.10.18 2019고단365

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with B A-Wurd-

On April 2, 2019, the Defendant, while under the influence of alcohol around 0.072%, was driven by the blood alcohol concentration of 0.072%, was driving the said car on the road near the intersection of the shooting distance in front of the Agricultural Museum of Yong-gun, Young-gun, Young-gu, the Defendant driven the said car at a one-lane way from the seat of the Agricultural Museum to the Agricultural Museum.

At the time of the intersection where signal lights were installed, the driver of the motor vehicle had a duty of care to check whether the driver of the motor vehicle, who is engaged in the driving of the motor vehicle, is in the air and check whether the traffic signal is in the air, and to prevent the accident from being caused by the smoke.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(the age of 35) who was in the front of the signal signal by negligence while neglecting this, and received the part behind the EM3 car that was driven by the victim D(the age of 35).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant in a state of alcohol of approximately 2.8 km from the front of G cafeteria in Yong-gun, Yong-gun, Youngnam-gun, to the front distance of the Agricultural Museum located in Young-gun, Young-gun, Young-gun, the Defendant was under the influence of alcohol of at least 0.072% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement and medical certificate concerning D;

1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, and evidence and photographs of the traffic accident;

1. Report on circumstantial statements of a drinking driver, report on the results of the influence of drinking driving control, inquiry into the results of the control of drinking driving, investigation report (verification of CCTV in the face of an accident), investigation report (Calculation of blood alcohol concentration at the time of driving of a suspect), investigation report (based on the distance of driving under the influence of a suspect), and the application of Acts and subordinate statutes 1.