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(영문) 광주지방법원 목포지원 2017.02.16 2016고단1578

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant received a summary order of KRW 5 million from the Gwangju District Court's wooden branch, on July 16, 2009, of a fine of KRW 5 million due to a violation of the Road Traffic Act (dacting driving), and on March 12, 2013, of a fine of KRW 4 million due to a violation of the Road Traffic Act (dacting driving).

1. The defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) shall be engaged in the operation of a car of rocketing siren;

On October 31, 2016, the Defendant driven the said car with a alcohol level of 0.060% 0.060% from the blood transfusion around 16:30 on October 31, 2016, and driven the said car into two-lanes from the center of the Southern High School to the south High School.

At the time, since the victim F driver's G bargaining car was stopped in the signal atmosphere at the front of the defendant's moving direction, the driver of the motor vehicle had a duty of care to prevent the accident by properly manipulating the front side and the left side and the left side of the motor vehicle and properly manipulating the brake and steering gear.

Nevertheless, the suspect neglected to do so and was negligent in proceeding under the influence of alcohol and received the following part of the rocketing car as the top part of the said rocketing car.

As a result, Defendant 1 suffered damages to the dives of the dives of the dives of the bridge and the dives of the dives of the dives that require approximately three weeks of treatment due to the above occupational negligence.

2. On October 31, 2016, the Defendant driven a C rocketing car under the influence of alcohol content of approximately 0.060% from the 50-meter section to the place described in paragraph (1) on the road in the south-do Haak-gun, Nam-gun, Nam-gun, Chungcheongnam-gun, Nam-gun, Nam-do.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, drives a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report (on-site investigation report);