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(영문) 광주지방법원 2018.10.18 2018고단3256
교통사고처리특례법위반(치상)등
Text

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. The Defendant is a person who is engaged in driving a rocketing car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 22, 2018, the Defendant driven the said car under the influence of alcohol level of 0.107% from blood alcohol level on July 22, 2018, and proceeded along the two-lanes between the two-lanes from the north-gu of Gwangju Metropolitan City to the intersection from the north-gu of Gwangju Metropolitan City, by driving the said car under the influence of alcohol level of 0.107%.

At all times, in the vicinity of an intersection where signal, etc. works normally, a person engaged in driving service has a duty of care to prevent accidents by properly operating the steering and steering system and by safely operating the steering and steering system.

Nevertheless, the Defendant, by negligence, neglected to do so, was driven by the victim F(50 years old) driving G K5 car, which was in the same direction as that of the signal waiting at the front of the same direction, and received the part behind the said rocketing car as the front part of the said rocketing car.

As a result, the Defendant suffered from the injury to the above victim and the victim H (PP) who was a passenger of the above K5 car due to the above occupational negligence, for approximately two weeks of treatment.

2. On the day specified in paragraph 1, the Defendant driving a C rocketing car under the influence of alcohol leveling 0.107% from the 5km section of blood alcohol level to the place indicated in paragraph 1, from the fluence road located in a non-child of Gwangju Metropolitan City, Gwangju Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of occurrence of the F traffic accident;

1. A survey report on actual conditions;

1. Notification of the results of crackdown on drinking;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Commercial concurrence;

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