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(영문) 광주지방법원 2016.08.25 2016고단1996
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On May 9, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.142% in alcohol during blood transfusion 0.45, and proceeded at a speed of about 50km per hour at a speed of about 50km in the front of the mutual savings bank located in 342 as the south-gu in Gwangju Nam-gu, Nam-gu.

Since there are crosswalks where signal lights are installed on the front door, in such a case, the driver had a duty of care to safely drive the crosswalk by checking well the right and the right of the front door.

Nevertheless, under the influence of alcohol, the Defendant got a victim C (18 cc) and D (18 cc) who walked on the left side of the direction of the Defendant’s course by negligence in the course of his/her duties while neglecting it, and got the victim C (18 cc) and D (18 cc) to go beyond the floor by taking the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim C in the course of performing the above occupational negligence by causing injury to sugars, etc. without any wound in the two open medical treatment for about three weeks, and by causing injury to the victim D, such as base salt, tensions, etc., which require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes to survey the actual situation, a report on the detection of drivers at home, a report on the circumstances of drivers at home, each medical certificate, and an accident photograph;

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of each duty and negligence), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The punishment of imprisonment and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents shall be imposed on a crime of violating the traffic law at the option of punishment;

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