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(영문) 광주지방법원 2020.06.11 2020고단594
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for 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) by the Defendant is a person who is engaged in driving a rocketing siren car.

On December 21, 2019, the Defendant driven the said car while under the influence of alcohol 0.168% of alcohol level around 21:15, and driven the car in the direction of D from C to D in the direction of the non-fishing point in Seo-gu, Seo-gu, Gwangju.

In such cases, a person engaged in driving duty has a duty of care to see the front side and to prevent accidents in advance by accurately manipulating the steering system, brakes, and other devices of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was in the front part of the passenger car driven by the victim E (V, 45 years old) who was in the atmosphere of the signal at the front of the car that the Defendant is driving.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim E the injury of brain dead sugar, etc. which requires approximately two weeks of medical treatment, the injury of brain dead sugar, etc. which requires approximately two weeks of medical treatment to the victim G (the age of 56), and the injury of the victim H(the age of 9) in need of medical treatment for about two weeks.

2. On March 22, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violating the Road Traffic Act.

The Defendant, while under the influence of alcohol concentration of 0.168% at the time and time of the preceding port, driven B rocketing car at approximately 4 km from the J located in Gwangju Seo-gu, Seo-gu, to the end of the influence in the same month of fishing.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Report on the occurrence of a traffic accident and the actual investigation report on the traffic accident;

1. Report on the circumstantial statements of a drinking driver, and drinking.

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