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(영문) 광주지방법원 2019.08.22 2019고단2135

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not more than ten 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

1. The defendant is a person engaged in driving a freight vehicle B1 ton in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On June 2, 2019, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.119% by driving it, and moved the front road in Gwangju Northern-gu C into the right-hand side of the stadium.

In this case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to prevent the accident by emphasizing the front side and the left side and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so, while driving on the front side of the Defendant’s vehicle due to negligence while under the influence of alcohol as seen above, and led the victim E (the 50-year-old) who was waiting in the front side of the Defendant’s vehicle to shock the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim G (the 45 years of age), H (the 14 years of age), I (the 12 years of age), and J (the 11 years of age) by negligence in the course of performing the above duties, such as dumnasium, tension, etc. in need of treatment for about two weeks, respectively.

2. The Defendant was driving a 1 ton cargo vehicle B while under the influence of alcohol with approximately 700 meters alcohol concentration of 0.119% at the section of approximately 700 meters from the above temporary border road of Gwangju Northern-gu to the front road located in Gwangju Northern-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Punishment;