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(영문) 광주지방법원 2020.01.23 2019고단4901

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 10, 2015, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

The Defendant is also a person who is engaged in driving a sports cargo vehicle.

On November 17, 2019, the Defendant, while under the influence of alcohol 0.091% of blood alcohol level around 15:53 on November 17, 2019, driven three lanes in front of the shooting distance at the entrance of the D School in Gwangju North-gu, Gwangju, along two lanes in the direction of the D School due from the distance from the new north-gu.

In such cases, the defendant engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and has a duty of care to prevent accidents in advance by returning well the right and the right and the right of the motor vehicle and driving safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent and negligent in driving the Defendant’s vehicle before the Defendant’s vehicle, thereby causing injury to the Defendant, such as light drums, tensions, etc., which require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Notification of the results of crackdown on drinking driving;

1. A report on investigation (a written estimate and a written diagnosis);

1. Photographs of the accident site;

1. Previous convictions before judgment: Application of inquiries, such as criminal records, investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course;