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(영문) 광주지방법원 2017.05.25 2017고단1078

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of 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) is a person who is engaged in driving a B K7 car.

On January 27, 2017, the Defendant driven the said car with drinking alcohol around 04:50, and entered the front side of the D, located in Gwangju Seo-gu, into a two-lane way from the viewing side to the one-lane.

At the time, the E driver's FA8 driver's vehicle was stopped in the two-lanes on the front side, so in such a case, the driver of the vehicle has a duty of care to take care of the front side and to prevent the accident in advance by accurately manipulating the steering system and the brake system.

Nevertheless, the Defendant was negligent in neglecting the influence of alcohol and proceeding as it is while driving, and the left part of the back part of the E-A8 car in the speed of the K7 vehicle is turned into the front part of the K7 vehicle. The Defendant continued to take the front part of the victim G(30 years) on the right side of the vehicle in the vicinity of the K7 vehicle.

As a result, the Defendant, by negligence in the above business, sustained around two weeks from the victim H (V, 26 years old) who was on a car A-A8 car due to the above occupational negligence, with approximately two weeks of treatment, and suffered around two weeks of treatment from the victim G, and suffered approximately two weeks of treatment from the right-hand chills, etc.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), Defendant 2 driven a motor vehicle while drinking alcohol as above and driving a motor vehicle at K7 vehicle on the same day, while driving the motor vehicle at around 05:07 on the same day, and driving the motor vehicle while under the influence of alcohol, such as smelling by the Defendant from the J, etc. leading to the I District of the Gwangju Western Police Station, etc. called to the Defendant after receiving a traffic accident report at around 05:07.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument.

Nevertheless, the defendant should not be able to know why there is any reason.