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(영문) 광주지방법원 2019.09.05 2019고단2736

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On July 10, 2019, at around 17:55, the Defendant driven the above cargo while under the influence of alcohol level of 0.088%, and came to turn to the left by driving the said cargo at the intersection in front of the private distance in the C apartment west, at the right side of the C Apartment, from the front side of the C Apartment, to turn to the left.

At the time, the apartment and commercial buildings were concentrated around that time, and there were many pedestrians, so there were duty of care to prevent accidents in advance by referring to whether a person engaged in driving of a motor vehicle is a pedestrian living well on the front side and the right side of the motor vehicle and a pedestrian crossing the road.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and caused the victim D (eight years old) who dried the road to the right side of the left side of the road in the direction of the course, to shock the left side of the cargo of the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the left-hand generated side and the pressure traging of trees, which require approximately two weeks of treatment.

2. Around 17:55 on July 10, 2019, the Defendant: (a) driven B Poter Ⅱ while under the influence of alcohol leveling 0.088% from the 50m section from the Nasi-si apartment parking lot to the front road of the same apartment house.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. A report on internal investigation (with regard to the circumstances of the damage)

1. General medical certificate and medical certificate;

1. Photographs of traffic accident evidence;

1. Application of Acts and subordinate statutes to the results of audio-recording video CD reproduction;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Road Traffic Act, and the Road Traffic Act.