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(영문) 광주지방법원 해남지원 2019.10.31 2019고단253
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 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) is the person who is engaged in driving a passenger car in B Coon.

On May 4, 2019, at around 20:58, the Defendant proceeded along a two-lane road in front of the Driju station in Jeonnam-gun C from the west to the west-Eup along one-lane.

A person engaged in driving motor vehicles has a duty of care to protect the car lines well, to accurately operate the steering and operating the steering gear so as to prevent accidents by safely driving the motor vehicle with a duty of care.

Nevertheless, the Defendant neglected this, while driving the said car while under the influence of alcohol level of 0.156%, and did not accurately operate the steering gear, and was driven by the victim E (the aged 50) who was driving the steering gear in the front section of the F Poter Cargo, the Defendant received the front section of the said car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. On May 4, 2019, the Defendant driven a car in B C column while under the influence of alcohol content of about 0.156% at a distance of about 10km from the 20:58,000, to the roads in front of the station located in C, west-gun, Namnam-gun, west-gun, west-gun, west-gun, west-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report on the actual condition, report on the circumstantial statement of a drinking driver, and notification of the control results of drinking driving;

1. A report on investigation;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018).

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