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(영문) 광주지방법원목포지원 2020.08.11 2019고단1454

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[criminal power] On January 6, 2017, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act (driving on a sound driving) in the Gwangju District Court's application for wood distribution on January 6, 201.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a vehicle BM3 in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 20, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.057% 0.057%, while under the influence of alcohol on October 20, 2019, and led the roads front Yongnam-gun C to the oil station from the edge of the D community hall.

At the time, the driver was engaged in the driving of the motor vehicle at night, and the other narrow area was a village entry, so there was a duty of care to prevent accidents by driving the motor vehicle safely by driving the motor vehicle, such as booming on the front door and properly operating the steering and steering system.

Nevertheless, the Defendant neglected this and erroneously operated the steering gear while driving the same car while driving the car, thereby leaving the right side of the road and getting the legal side of the car in a slope.

The Defendant, by such occupational negligence, sustained injury to the victim F (n, 82 years of age) who was accompanied by the said car, such as a right string, which requires approximately seven weeks of treatment.

2. On October 20, 2019, the Defendant driven BM3 automobiles while under the influence of alcohol with a blood alcohol concentration of 0.054% from around 900 meters from the front of Yong-Gun Gamamamb to the front of Yong-gun C, Yong-gun, Manam-gun at around 21:15, 201.

Accordingly, the defendant, who has violated the prohibition of drunk driving under the Road Traffic Act, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, and evidence and photographs of the traffic accident;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification on the control of drinking driving, and drinking.