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(영문) 광주지방법원 2020.01.22 2019고단4739
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

On March 24, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

1. On October 18, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.070% on October 22 and 25, 2019, driving a MF5 car at a section of approximately 300 meters from the front of the convenience store located in C in B in the Jeonnam-gun of the Republic of Korea to the front of the road located in D in the same military.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant is a person who is engaged in driving a FST5 car.

On October 18, 2019, at around 22:25, the Defendant driven the said car with a blood alcohol concentration of 0.070%, and led the Defendant to turn to the left at the h three-distance intersection in front of the Y G in the west-gun G in the frontwest-gun, the Defendant left to the left from the evisde of the post office at the evisde of the I apartment.

Defendant

Since a crosswalk is installed on the road in the direction of proceeding, in such a case, there was a duty of care to safely drive the road to prevent accidents by safely driving it, such as checking whether there is a person driving the vehicle, and whether there is a person driving the vehicle.

Nevertheless, under the influence of alcohol, the Defendant got the victim J (the age of 44) to stand the crosswalk from the right side of the Defendant’s vehicle to the left side in the direction of the running of the Defendant’s vehicle by his negligence without properly examining the front side and the left side, and had the victim K (the age of 47) walked from the victim J and the right side immediately adjacent to the Defendant’s vehicle go beyond the floor.

Ultimately, the Defendant suffered injury to the victims, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to K;

1. A report on detection of a host driver;

1. The actual survey report on traffic accidents;

1.Each.

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