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(영문) 광주지방법원 2017.04.27 2017고단312

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car even in CCo.

On December 14, 2016, the Defendant driven the said car under the influence of alcohol content of 0.090% during blood transfusions on December 17:30, 201, and continued to drive the car at the speed of 0.090%, leading to a road having one lane in front of the entrance of E, which is located D at the night of the week, from three elementary schools at a speed of about 60km in speed towards the right side of gold.

At that time, the Defendant, prior to the same direction, followed the second cargo vehicle of the victim F (n, 56 years old) Gpoter in the same direction, had a duty of care to ensure that a person engaged in driving of a motor vehicle is well aware of the situation and to ensure safety distance to avoid the accident when the vehicle stops, and to prevent the accident in advance.

Nevertheless, the Defendant failed to secure the two cargo trains and the safety distance while driving while under the influence of alcohol, and the Defendant was also aware of the two cargo trains in front of the car.

Ultimately, the Defendant, by such occupational negligence, caused the victim FF to suffer injury to blood under the influence of an external wound, which does not have a head open in need of approximately six weeks of treatment, and the victim H (V, 68 years of age) who was accompanied by the cargo vehicle to suffer injury, such as a f8-day off frame in need of approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

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

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Reports on internal investigation (victim H telephone investigation);

1. Each written diagnosis;

1. Application of the investigation report (the application of the above dmark formula) statute;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;