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(영문) 광주지방법원 2017.11.23 2017고단3467

교통사고처리특례법위반(치상)등

Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

Reasons

Punishment of the crime

[2017 Highest 3467] The Defendant is a person engaging in driving a CKaren car.

On July 20, 2017, the Defendant driven the said car under the influence of alcohol level of 0.177% during blood transfusions on July 20, 2017, and driven the front road of Gwangju Northern-gu D at a speed of 50km per hour from the border of Gwangju-gu to the without-light stadium.

Since a large number of vehicles were in progress at the time, in such a case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front section and the left and right, and to prevent accidents by properly manipulating the steering direction and the brake system.

Nevertheless, under the influence of alcohol, the Defendant did not discover the Ftibane car of the victim E(33) driving in the front section by negligence while neglecting it, and received the part behind the car in front of the car of the car of the Car of the Car of the Car of the Car of the Car of the Car of the Car of the Car of the Car of the Car of the Car of the Car of the Gu.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

[2017 Highest 4185] On February 26, 2009, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with labor for a crime of violating the Road Traffic Act (drinking) at the Gwangju District Court on February 26, 2009. On August 14, 2017, the above court was sentenced to a fine of 5 million won for a crime of violating the Road Traffic Act (dacting) and was punished two times or more due to drinking driving.

Nevertheless, on August 24, 2017, at around 23:54, the Defendant driven a CKaren car under the influence of alcohol content 0.223 percent in a 10-meter radius from the roads in front of the French Northern-dong, Gwangju, to the roads in front of the limit of approximately 76 high-tech route of the same Gu.

[2017 Highest 4754] The Defendant stated the instant indictment as “ August 21, 2017.” However, according to the investigation records (No. 66 pages), it is clear that the instant indictment was a clerical error on August 14, 2017.