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(영문) 광주지방법원 2020.11.05 2020고단4168

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal power] On April 29, 2008, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (driving) at the Gwangju District Court on April 29, 2008, and three months, respectively, by the same court on December 29, 2010.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a vehicle B.

On July 2, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.152% 0.152% around 13:35 on July 2, 2020, and led to the driving of the said car along the two-lanes of the D Jeong-gu, Gwangju, along the two-lanes of the mining police station.

A person engaged in driving motor vehicles has a duty of care to take the front, rear and left well, to accurately operate the steering and brakes, and to prevent accidents in advance by safely driving them.

Nevertheless, the Defendant, by negligence of neglecting this, was driven by the victim E (the 40-year-old) who was under the influence of traffic in the front direction of the traffic signal in the front direction of the vehicle by negligence and received the part behind the FST6 car that was driven by the Defendant.

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.

2. On July 22, 2020, the Defendant driven a motor vehicle under the influence of alcohol with approximately 0.152% alcohol concentration from the H-road located in Gwangju Mine-gu to the place where the said accident occurred, around July 13, 2020.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A traffic accident report (on the actual condition survey report) and a statement on the actual condition of the driver;

1. A medical certificate;

1. Previous Records: Investigation Report (Confirmation of Criminal Records of the Suspect) Act shall apply 1.