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(영문) 광주지방법원 2016.08.25 2016고단1988

교통사고처리특례법위반등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On April 16, 2016, the Defendant driving a C Car with alcohol content of 0.069% at around 05:35, the Defendant, while under the influence of alcohol at around 05:35, left the intersection of the shooting distance of 10 in front of the 335-ro, Young-gu, Gwangju Mine-ro, Yacheon-ro, Yacheon-ro, Gwangju, at the beginning of the west.

2 east 50 km along the two-lanes between the three-lanes, at a speed of about 50 km in speed.

In this case, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely in accordance with the new code.

Nevertheless, the defendant neglected this and caused the driver's upper part of the victim D (56 tax) driving in accordance with the new name from the right side of the defendant's proceeding direction to the left side by negligence in violation of the stop signal, which led to the shocking part of the victim D (56 tax) to the right side of the defendant's vehicle.

Ultimately, the Defendant suffered, from the above occupational negligence, approximately 6 weeks of injury to the victim D, such as dynas, including three cage cages, which require approximately 2 weeks of medical treatment, the Defendant suffered from the victim F (23 years of age) who was on board the said cab about 2 weeks of medical treatment, such as knee kne incage, which requires approximately 2 weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, F and G;

1. Investigation report on actual condition, statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, application of each medical certificate, and application of Acts and subordinate statutes on the scene of traffic accidents;

1. Article 3 (1), the proviso to Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation of a person on duty and on duty) and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation of a person driving under influence of alcohol);

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

1. The punishment of imprisonment with prison labor and the imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents shall be chosen;