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(영문) 광주지방법원 순천지원 2020.06.24 2020고단121
교통사고처리특례법위반(치상)등
Text

[Defendant A] The defendant shall be punished by imprisonment for a year and two months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On July 27, 201, Defendant A was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on July 27, 201, and on November 21, 2019, Defendant A was sentenced to a suspended sentence of two years for a year of imprisonment for a serious injury resulting from confinement in the net support of the Gwangju District Court, and the judgment became final and conclusive on November 29, 2019.

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

On October 29, 2019, at around 03:10, the Defendant driven the said car under the influence of alcohol of 0.153% with a blood alcohol concentration of 0.153%, and led directly to a two-lane road in front of the “E” net Ordinance Point D at the netcheon City.

At the time, there was an intersection in which traffic control is not performed by signal apparatus at night and at the front of the night, so in such a case, there was a duty of care to safely operate the steering gear and brakes accurately and safely while viewing the front side and paying attention to the passage of other vehicles.

Nevertheless, by neglecting this, the Defendant, while under the influence of alcohol, tried to stop the course of the vehicle driving by the victim J(the age of 31) driving on the right side on the left side of the running direction of the Defendant, and caused the Defendant to shock the front left side of the vehicle by the front side of the vehicle driving by the Defendant’s vehicle driving by the victim J(the age of 31).

As a result, the Defendant suffered injury to the victim, such as salvinal salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

B. Violation of the Road Traffic Act (M) is under the influence of alcohol by 0.153% from a 400-meter section around the main point of “M” L in the above temporary border to the place of the accident.

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