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(영문) 광주지방법원 해남지원 2020.04.23 2019고단499
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

[Criminal Power] On January 25, 2019, the Defendant received a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Gwangju District Court's branch office in Gwangju Maritime District Court.

【Criminal Facts】

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

On December 5, 2019, at around 21:30, the Defendant passed the front road D, located in Jindo-gun C, Jindo-gun, Jindo-gun, from the south-do intersection to the king.

A person engaged in driving duty has a duty of care to take into account the traffic situation on the front side and the right side, and to accurately manipulate the steering gear and brakes so as to prevent accidents from occurring.

Nevertheless, the Defendant neglected to do so, while driving a car in the blood alcohol concentration of 0.045% without obtaining a driver's license, and neglected to drive the car in the above colon by negligence, and neglected to neglect to drive the car in the front line, and received the FK5 vehicle behind the driver's vehicle driving in the front line by the victim E (V, 47 years old) who was in the front line.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. Around December 21, 2019, the Defendant violated the Road Traffic Act and the Road Traffic Act (unlicensed driving) and the Defendant driven a Bcoon car in the state of alcohol with approximately 0.045% of the blood alcohol concentration at a distance of about 1 km from the 17m distance to the front road of the steel-gun, Jindo-gun, Jindo-gun, Jindo-gun, Jindo-gun, Jindo-gun, the front road of the 17m-do iron-ro, Jindo-gun, Jindo-do, Jindo-do, Jindo-do.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of persons related to E traffic accidents;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and photographs of the scene of accidents;

1. Medical certificates (E);

1. A report on the statement of the situation of a drinking driver, an investigation report (report on the status of a drinking driver), and the results of the crackdown on drinking driving; and

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