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(영문) 광주지방법원 2020.01.09 2019고단4481

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 8, 2015, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the wooden Branch of the Gwangju District Court on April 8, 2015.

1. Around 03:35 on July 14, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.157%, and the Defendant driven BK7 car in the section of approximately 3km from the front day of the drinking house near the Dong-gu Seoul Metropolitan City to the road located at approximately 85-lane 3, Namnam-gu, Gwangju Metropolitan City.

2. On July 14, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) changed the course from the south-gu in Gwangju-gu to the one-lane while driving at a speed of 50 km from the 50 km high-speed road at a speed of 85 km to the two-lanes from the south-gu, Gwangju-gu, Gwangju-do, by using the two-lanes of the 85 km road at a speed of 50 km. As such, the Defendant changed the course to the one-lane from the west-gu, south-gu, Seoul-gu, the Defendant is under the influence of alcohol due to the change of the

At this time, the part of the victim C's D K5 car gate in front of the victim C's car operation, which was proceeding one-lane, was caused by the negligence in front of the driver's seat in front of the defendant's driver's driver's seat, the victim C and Dong passenger, the victim E and the victim F, who caused the injury requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C, G, E, H, and F (the state of traffic accident);

1. Report on the occurrence of a traffic accident and the report on each traffic accident;

1. The circumstantial statement of the driver, the investigation report, and the written appraisal of blood alcohol;

1. Each written diagnosis;

1. Previous conviction in judgment: The application of Acts and subordinate statutes by inquiry;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.