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(영문) 광주지방법원 2020.08.27 2020고단2452

교통사고처리특례법위반(치상)등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a vehicle BMW X4.

On March 28, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.126% in blood alcohol level on March 28, 2020, and led Gwangju Seo-gu I to drive the vehicle at a low speed depending on three lanes between five lanes and five lanes from the surface of the irrigation reservoir in agricultural and underground streets.

In this case, there was a duty of care to prevent accidents in advance by safely manipulating the steering gear and brakes for those engaged in driving business.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving on the front part of the Defendant’s vehicle, and the part behind the DK7 car driven by the victim B (the age of 19) who was driven at the front section of the Defendant’s vehicle was driven by the Defendant’s vehicle.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim E (the age of 18) who was on board the vehicle driven by the victim B and the victim B, to suffer from the injury of the victim F (the age of 18) who was on board the same vehicle for about two weeks, such as salt, tension, etc. in need of medical treatment, and the victim F (the age of 18) who was on board the same vehicle for about two weeks.

B. On September 15, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for a crime of violating the Road Traffic Act.

Around 02:05 on March 28, 2020, the Defendant driven CMW X4 car at approximately 500 meters from the front side of the “H” in Seo-gu, Seo-gu, Gwangju to the same Gu while under the influence of alcohol of 0.126% of blood alcohol level.

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

2. Defendant B, while under the influence of alcohol around 02:05 on March 28, 2020, the Defendant would front Jtel in Gwangju-dong, Gwangju-gu, Jtel with a alcohol level of 0.046%.