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(영문) 광주지방법원 2018.05.15 2018고단931
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for seven months.

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

Reasons

Punishment of the crime

[criminal record] The Defendant was issued a juvenile protective order at the Gwangju District Court on July 26, 2010 due to a violation of the Road Traffic Act (drinking driving), and on March 4, 2016, a fine of three million won was issued for the same crime.

[Criminal facts] The Defendant is a person who is engaged in driving a car B, who is a person driving a car.

On January 23, 2018, the Defendant driven the said car under the influence of alcohol content of 0.142% in blood at around 06:05, while driving it, and continued to proceed from the intersection of the Central Hospital to the intersection of Tririth, depending on the two lanes in front of the Dr. C in the south, the front side of the Dr.

When a driver of a vehicle changes a vehicle, he/she has a duty of care to give an advance notice of a change in course by operating a direction direction, etc. and to change the vehicle line in the light of all-round traffic conditions.

However, the Defendant did not properly see the next car line and changed the vehicle line, and the victim E driving F2.5 tons of the 2.5 tons of the victim E driving, which is proceeding along the two-lanes, was shocked by the front part of the Defendant’s vehicle.

Therefore, while driving a motor vehicle under the influence of alcohol, the Defendant suffered injury, such as salt chills, tensions, etc., which require two weeks of treatment due to negligence in the course of driving the motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the detection of a primary driver;

1. Inquiries about the results of crackdown on drinking driving;

1. Reports on the occurrence of a traffic accident;

1. On-site photographs of traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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