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(영문) 광주지방법원 2013.03.26 2012고단6765
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

The Defendant is a person engaging in driving a rocketing car.

On December 2, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 0.197% on blood alcohol level around 13:00, while driving the vehicle, and driving the two-lanes of the two-lanes in front of the Dong and Dong households located in the Yangsan-dong of Gwangjubuk-gu at about 40km in speed from the erobbb, and changed the course to the right side.

In such cases, when it is likely that a person engaged in driving service of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change course, and there was a duty of care to safely change the vehicle line by giving an advance notice of change of course and keeping the traffic situation of the front and rear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to enter the two-lanes to the right side of the vehicle, caused the victim C(the age of 45) to drive the victim C(the age of 45) with the two-lanes and brought the part of the panion to the right part of the vehicle.

As a result, the Defendant caused the victim to suffer injury to the base and tension of the chills that require approximately two weeks of medical treatment by negligence in the course of business as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of a traffic accident prepared C;

1. The actual condition survey report;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

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

1. Selection of a sentence of imprisonment with prison labor for a violation of the Road Traffic Act, and a sentence of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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