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(영문) 광주지방법원 2018.12.13 2018고단4197

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a passenger car of Benz.

On October 02, 2018, the Defendant driven the said car under the influence of alcohol level of 0.225% among blood transfusion around 06:40 on 06:0, and continued to drive the said car at a speed of about 20 km between three lanes from the boundary of the reservoir located in Gwangju Seo-gu to the airbS broadcasting station located in Gwangju Seo-gu.

At this point, there is a lot of traffic volume and there is a crosssection in the front direction of the defendant's proceeding, so the defendant engaged in driving of the motor vehicle had a duty of care to prevent the accident by accurately manipulating the steering left and right well and the steering gear and accurately.

Nevertheless, Defendant E (50) who was making a stop while waiting for signal at the front direction of the Defendant’s course by negligence while neglecting this while under the influence of alcohol as seen above, the Defendant was driving by the victim E (50).

The back part of the F Bus was shocked by the front part of the car operated by the Defendant.

Accordingly, the Defendant suffered injury to the victim, such as salt, tensions, etc. in the 2 week medical treatment for the victim in the above occupational field and room.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the benz car at approximately 700 meters section from the day before a mutually influorous restaurant located in Seo-gu, Seo-gu, Gwangju to the front road located in Gwangju, Seo-gu, Seo-gu, about 00 meters in alcohol level, while under influence of about 0.225% in alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A survey report on actual conditions;

1. Response to a request for appraisal;

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

1. A medical certificate;

1. Application of the statutes governing traffic accident-related photographs;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) concerning criminal facts, the Criminal Act.