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(영문) 광주지방법원 2021.01.20 2020고단5575

교통사고처리특례법위반(치상)등

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The punishment of the accused shall be determined by a year 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

[criminal history] The Defendant was issued a summary order of KRW 3,00,000 by the Gwangju District Court on March 6, 2019 for a crime of violating the Road Traffic Act (drinking).

[Criminal facts]

1. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving of a motor vehicle from BAW-puron. On September 24, 2020, the Defendant tried to park the side at four-lanes from D apartment to E. Around September 21, 2020. Since at night, and at night, he was a general road of four-lanes. In such a case, the driver of a motor vehicle has a duty of care to take full care of the front, rear, and right and right and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right and the right and the right and right and the right and right and the right and right and the right and right and right and the right and duty and the right and duty of operation of the motor vehicle.

2. Defendant 1 violated the Road Traffic Act (drinking driving) by driving a motor vehicle of 0.130% alcohol level during blood while under the influence of alcohol level 0.130% from the section of approximately 500 meters from I located in Gwangju Mine-gu around the day indicated in the above paragraph 1 to the front day of the same Gu, thereby violating Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. A written investigation into the actual state of the defendant's legal statement;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. A written diagnosis of victims;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;