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(영문) 광주지방법원 2020.09.24 2020고단2491

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a marina car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On February 3, 2020, at around 00:10, the Defendant driven the above vehicle while under the influence of alcohol of 0.091% of blood alcohol level, and led to the flow of the road near the five-lane 167 in the Yancheon-ro, Gwangju, by the two-lane speed from the D market to the luminous 1 intersection.

There are a center line of signal lights and yellow solid lines, so in such a case, there was a duty of care to make a person engaged in driving of a motor vehicle to live well with signalling and front lines, and to safely drive the motor vehicle in a safe manner.

Nevertheless, under the influence of alcohol, the Defendant violated a signal while driving in excess of the median line over the two-lanes of the opposite direction, and was driven by the victim E(32 years old) who was driving in the top of the two-lanes of the opposite direction. The Defendant was able to take the front side of the Defendant’s vehicle at the top of the vehicle.

Ultimately, due to such occupational negligence, the Defendant: (a) caused the victim E to suffer from the injury to the inside of the design and the frame that require approximately 8 weeks of treatment; (b) the victim vehicle G (30 years of age) to suffer from the injury of the victim vehicle H (30 years of age) on both sides, which require approximately 13 weeks of treatment; and (c) the victim vehicle H (30 years of age) to suffer from the injury of the victim vehicle I (n) on both sides of which the victim vehicle H (30 years of age) needs to receive approximately 4 weeks of treatment; and (d) the victim vehicle I (26 years of age) to receive approximately 6 weeks of treatment.

2. While the Defendant was under the influence of alcohol level of 0.091% at the above temporary border, the Defendant driven a Matri-type car in the section of about 3 km from the front of the K-wing line located in the Nam-gu J of Gwangju to the roads near the mountain 167, the 5km-ro, Nam-gu, Nam-gu, Nam-gu, Chungcheongnam-gu, the same city.

Summary of Evidence

1. Defendant's legal statement;

1. H. H.