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(영문) 광주지방법원 2021.01.20 2020고단5742

교통사고처리특례법위반(치상)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] The defendant was issued a summary order of KRW 3,00,000 by the Gwangju District Court on October 30, 2006 as a crime of violating the Road Traffic Act.

1. Around September 15, 2020, the Defendant was under the influence of alcohol leveling 0.202% of alcohol leveling from around 800 meters from the front side of the Gwangju Dong-gu B market to the front side of the D cafeteria located in Gwangju-gu, Gwangju-gu. Around September 15, 2020, the Defendant driven a Karen car under the influence of alcohol leveling 0.202%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a car E car. On September 5, 2020, the Defendant driven the said car at around 0.202% under the influence of alcohol content from blood around 15:15 on September 15, 2020, and led to a left-hand turn to G elementary school from the side of the D cafeteria located in Gwangju Nam-gu to the left-hand. In such a case, the crossing is a three-dimensional crossing, and in such a case, the Defendant was under the influence of alcohol to the driver of the vehicle while neglecting the duty of care to prevent the accident by driving the car in a safe way and driving the car in a safe way, and caused the Defendant to suffer the injury of the victim of the apartment house at the right-hand and the right-hand turn to the right-hand turn on the side of the victim of the car at the end of the 61st car.

Summary of Evidence

1. A statement of H in the court of the defendant;

1. Notification of the results of regulating drinking driving;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. A certificate of entrance or discharge;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts and Article 148-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202).