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(영문) 광주지방법원 2020.08.27 2020고단3155

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person driving a car in the B SP land.

At around 23:00 on June 12, 2020, the Defendant was driving ahead of the cryptop station in the direction of the Geumsan Tunnels-ro, Nam-gu, Gwangju, about 42-1. The Defendant was driving ahead of the cryptop station in the direction of the Geumsan-gu.

At the time of night, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as taking the front door and left door well, and accurately operating the operation and steering gear of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (Nam, 47 years old) who was driving in the same direction as the Defendant’s progress direction due to occupational negligence, which caused the Defendant to neglect the operation of a brake system, etc., in front of a car driven by the Defendant.

Ultimately, the Defendant suffered injury to the said victim C, such as salt and tension, which requires a two-day medical treatment, due to the foregoing occupational negligence, and at the same time suffered injury to the victim E (E (Einam and 54 years old) who was on the said vehicle at the same time, for about two weeks of medical treatment.

2. On April 26, 2018, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court as a crime of violating the Road Traffic Act.

At around 23:00 on June 12, 2020, the Defendant driven B SP car under the influence of alcohol content of about 0.094% at the section of approximately 1 kilometer from the front day of the mutual influence store in the Southern-gu Seoul Metropolitan City to the front day of the transmission car station located in about 42-1, the same Gu TP car.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. The circumstantial statement of an employee will be made;