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(영문) 광주지방법원 2019.11.28 2019고단3607

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On January 7, 201, the Defendant received a summary order of KRW 1,50,000 from the Gwangju District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act, and on November 14, 2013, the same court received a summary order of KRW 4 million for the same crime.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person who is engaged in driving a car with B car free from the knife.

On September 9, 2019, the Defendant driven the above vehicle while under the influence of 0.122% of blood alcohol concentration on 05:45, while driving the said vehicle at a speed of 0.12%, and driving the said vehicle at the intersection of the mine No. 882-lane in Gwangju Mine-gu from the direction of the high-tech zone to the right-hand left-hand edge, the Defendant was negligent in driving the said vehicle at a right-hand speed from the above left-hand edge by neglecting the duty, etc. under the influence of alcohol on the left-hand edge, and caused the Defendant’s injury to the Defendant, by neglecting the duty, etc. of the front left-hand driving on the two-lane driving of the victim C(44 years old) driving in the same direction as that of the horses, by taking the front-class pent part of the Defendant’s vehicle, caused the Defendant’s injury to the need for treatment of approximately 2 weeks, and the other detailed parts of the pelvis and the tension and tension.

2. Around 05:30 on September 9, 2019, the Defendant driven a vehicle with no knife from the section of approximately 2 km to the intersection of the mine located in the same Gu 882-lane from the front of the mutually influence in the high-tech district in Gwangju Mine area, while under the influence of alcohol by 0.122% of blood alcohol concentration.

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 E-document;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Previous conviction: Application of Acts and subordinate statutes, such as a copy of summary order;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the occupation and injury caused by occupational negligence under Article 268 of the Criminal Act concerning criminal facts, and Article 3(1) of the Act