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(영문) 광주지방법원 2014.10.22 2014고단3360

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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. On July 28, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) around 17:55 on July 28, 2014, while under the influence of alcohol with the blood alcohol concentration of 0.165%, the Defendant, who was engaged in driving of C Freight, was driving the three-lanes of the four-lanes, at the northwest-gu, Gwangju, Northwest-gu, and changed the two-lanes from the Maamamambomb distance room to the eamb

At the time, on the fourth-lane of the defendant's driving direction, the victim's E options car is in progress. Thus, the defendant engaged in driving duty has a duty of care to properly manipulate the front side and the left side, and not to shock the damaged vehicle by properly manipulating the front side and the left side.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the course of the vehicle as it is without fulfilling such duty, and the Defendant suffered injury to the damaged vehicle by taking the front part of the damaged vehicle in front of the right side of the Defendant’s left side and taking about two weeks of treatment.

2. Around 17:55 on July 28, 2014, the Defendant violated the Road Traffic Act (measures to be taken after accidents) at the entrance of the Dong-dong, Gwangju Northern-gu, and at the same time.

In the event of a traffic accident such as Paragraph (1), the victim's E-ray driver's observer car is damaged to cover approximately KRW 1,006,168 of the repair cost, but the driver immediately stopped and escaped without taking necessary measures for the traffic accident.

3. Around 17:55 on July 28, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.165%, and the Defendant driven C truck on the road at the entrance of the Dongdong-gu in Gwangju Northern-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal accidents (Application of the Madmark);

1. A medical certificate;

1. Application of written estimate of insurance repair costs to Acts and subordinate statutes;

1. After destroying and damaging things under Article 3(1), the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning criminal facts;