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(영문) 광주지방법원 2017.06.29 2017고단1730

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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. The Defendant is a person who is engaged in driving a vehicle BM3 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 25, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.061% among blood transfusions at around 07:07, while driving the said vehicle along the three-lane road in front of the D in Gwangju Northern-gu at the high level, along the same one-lane, from the Gwangju station. In doing so, the Defendant suffered from the victim E (61) of the FF bus driving in front of the said victim on the front part of the Defendant’s vehicle with approximately two weeks of alcohol content, resulting in the injury of the said victim (79 years old) in need of approximately four weeks of alcohol treatment, namely, a single injury of the victim, e.g., a single injury to the left-hand side of the said bus, e., a single injury to the victim (79 years old) who is in need of approximately four weeks of treatment, e.g., a single injury to the victim, e., a single injury to the left-hand side of the victim (hereinafter referred to as “the victim”).

2. On March 25, 2017, the Defendant driven BM3 automobiles while under the influence of alcohol content of about 0.061% from the 3km section from the roads of the apartment house in the direction of 710-lane 20, south-gu, Gwangju, Gwangju, to the roads in front of D located in Gwangju Northern-gu, with approximately 0.061% alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. Each traffic accident statement prepared in E, G and H;

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

1. On-site photographs of traffic accidents;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;