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(영문) 광주지방법원 2020.11.12 2020고단4785
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant was issued a summary order of KRW 500,000,000,000,000,000 won on April 24, 2015 by the Gwangju District Court as a crime of violation of the Road Traffic Act (driving) at the Gwangju District Court.

On September 16, 2020, at around 05, the Defendant driven a F1 ton truck under the influence of alcohol content of about 0.09% at approximately 80 meters from the roads located in Gwangju Seo-gu, Gwangju to approximately 80 meters from the roads in Gwangju-gu D and E.

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

2. The defendant is a person who is engaged in driving a F1 ton of cargo vehicle.

On September 16, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.09% in blood alcohol level around 0.05, and driven the front road of Gwangju Northern-gu along three lanes in the direction of the two-way side from the two-way side of the two-way road.

In such cases, the driver has a duty of care to safely operate the steering system and to prevent accidents by properly operating the steering system and steering the steering system.

Nevertheless, the Defendant is under the influence of alcohol and proceeds with neglecting to do so.

The part of the victim G (the 46-year-old driver)'s 1 ton of H 1 ton of the driver's G (the 46-year-old driver's license)'s license was turned into front of the Defendant's vehicle, and due to the shock, the said H rolling stock was pushed down in the future and parked on the right side, and the I K K K K7 car and the L Poer E Povoon owned by K received the part after the left side of the vehicle.

The Defendant suffered injury to the victim, such as scopical salt, tension, etc., which requires approximately two weeks of medical treatment by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G traffic accident statement;

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

1. Report on the circumstantial statements of a drinking driver and notification of the result of the crackdown on drinking driving; and

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