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(영문) 광주지방법원 순천지원 2013.04.18 2012고단3341

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

Criminal power is a person who has violated Article 44 (1) of the Road Traffic Act on September 5, 2007, such as a fine of one million won for a crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch on November 30 of the same year, a fine of one million and five hundred thousand won for the same crime from the Gwangju District Court's Netcheon Branch on November 30 of the same year, and a fine of two years for a suspended sentence for four months by the same court on May 14, 2008.

Criminal facts

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

On December 5, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 0.112% of blood alcohol concentration around 19:10 on December 5, 2012, and driven the front road of the Seoul Contracting State, which is located in the steering valley in the Southern City, at a speed that is impossible to identify one way from the south side of the other side of the way between the two lanes.

However, since a crosswalk is installed on the front side, in such a case, the defendant who is engaged in driving of a motor vehicle had a duty of care to check whether there is a person who gets on a road by reducing speed in advance and by checking well the right and the right of the road, and drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and found that the victim D (the age of 54) was at the right-hand side of the crosswalk in the front direction of the Defendant’s proceeding by negligence and caused the victim to go beyond the road with the left-hand knee part of the victim’s left-side knee in front of the right-hand side of the said rocketing car.

The Defendant, due to the above occupational negligence, suffered injury to the victim, such as pressing the left-hand pelke, etc., which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident occurrence report;

1. A report on detection of a host driver;

1. A medical certificate;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (former records and investigation reports) Acts and subordinate statutes;

1. Criminal facts;