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(영문) 광주지방법원 2016.09.22 2016고단2439

교통사고처리특례법위반등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On February 26, 2016, the Defendant: (a) driven a bone set-off vehicle under the influence of alcohol concentration of approximately 0.066% from the 10km section to the world apartment apartment road located in the 152-lane of Gwangjubuk-gu from the front of the cafeteria-dong in Gwangjubuk-gu to the 152-lane of the Gwangju Mine-gu.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Bone Starex.

On February 26, 2016, the Defendant driven the above vehicle at around 23:20 on February 26, 2016, and proceeded at a speed of about 50 km from the friendly apartment to the small village of the city, along the two-lane roads in front of the world apartment in which the route 152 is located in the small village of the Gwangju Mine-gu.

Since there are crosswalks where signal lights are installed on the front door, in such a case, the driver had a duty of care to safely drive the crosswalk by checking well the right and the right of the front door.

Nevertheless, under the influence of alcohol, the Defendant, by negligence in violation of the signal, led to the fault of the Defendant’s proceeding to the left-hand side of the victim C (the 12-year-old age), which opened a crosswalk pursuant to the pedestrian signals from the right-hand side of the Defendant’s proceeding direction, to shock the face of the victim C (the 12-year-old

Ultimately, the Defendant suffered from the victim’s loss of the head’s reputation that requires approximately two weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on the site of accident, such as a survey report on actual condition, a statement on the situation of a driver driving, notification of the results of regulating drinking driving, medical certificate, and examination

1. Article 3(1), the proviso to Article 3(2)1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, and Article 3(1)1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Determination of Punishment, Article 268 of the Criminal Act (the occupation of occupational and dental duties, the choice of imprisonment without prison labor), Article 148-2(2)3 of the Road Traffic Act.