beta
(영문) 광주지방법원 2020.03.19 2019고단5543

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six 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 October 29, 2019, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

The Defendant is a person who is engaged in driving a K5-car.

On December 10, 2019, the Defendant was under suspension of driving license at around 02:20 on December 10, 2019, but was under influence of 0.056% of blood alcohol level, and was driving the said car and driving the three-lane road in front of the “D” located in Gwangju Seo-gu, Seo-gu, Gwangju along the two-lanes from the shooting distance in the park of 5.18 to the Ducheon basin.

At this point, there is a place where the center line of yellow solid lines is installed, and thus a U-turn is not permitted. In such a case, there was a duty of care to prevent accidents by driving a motor vehicle safely, such as attempting a U-turn in the designated lane by taking into account well the right and the right of the motor vehicle driver.

Nevertheless, the Defendant was negligent in neglecting the influence of alcohol and attempted to make a full-time internship, and the Defendant was driven by the victim E(58) who was driving in one lane in the same direction. The front part of the FK5 car, which was driven by the Defendant, was behind the Defendant’s driving vehicle.

As a result, the Defendant suffered kneee knee knee knee knee knee knee knee knee knee knee.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. A medical certificate;

1. Previous conviction: Application of a summary order issued by Acts and subordinate statutes governing the same kind of drinking driving;

1. Article 152 subparagraph 1 of the relevant Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 3 (1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts;