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(영문) 광주지방법원 2018.05.15 2018고단928

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:20 on March 3, 2018, the Defendant driven a B-learning car under the influence of alcohol content of about 500 meters from the road front of the CU convenience store in the Young-gu, Young-gu, Young-gun, Young-gu to the CU convenience intersection in the same Ri.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a B-learning passenger car.

Defendant 1 driven the said car under the influence of alcohol at the time of the above day, and driven the chex intersection, which is located in the main line of the Young-gun, Young-gu, Young-gu, Young-gu, Young-gu, Seoul, at the speed of about 40km from the intersection to the intersection of the new parallel at the speed of about 40km.

At the time, since it is a bend road leading to the intersection at night, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering system and brakes by accurately manipulating the steering system.

Nevertheless, under the influence of alcohol, the Defendant discovered the height coming from the right side of the Defendant’s running by negligence without due care while neglecting this, and found the height coming from the Defendant’s driving direction. To avoid this, the Defendant took the bridges in front of the Defendant’s vehicle, which was installed as a central separation stand in front of the Defendant’s vehicle, and again received the street lights in front of the car by driving the hand on the right side.

Ultimately, the Defendant suffered injury to the victim C (V, 23 years old) who was on the Defendant’s car by occupational negligence as above, about about 14 weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The application of the law of the medical certificate.