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(영문) 광주지방법원 2020.11.26 2020고단4681
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 4, 2013, the Defendant was issued a summary order of KRW 4 million at the Suwon District Court’s horizontal Housing Site as a crime of violation of the Road Traffic Act (driving of Drinking).

【Criminal Facts】

1. Around August 20, 2020, the Defendant violated the Road Traffic Act (MM5 vehicle) driven a CM5 vehicle from around 4km to the roads adjacent to Gwangju Mine-gu, Gwangju Mine-gu, in a state of alcohol of 0.190% of blood alcohol concentration around 17:23, 202.

2. The Defendant is a person who is engaged in driving a vehicle in CM5 vehicles.

On August 20, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.190% 0.190% on August 20, 202, and led to the driving of the said car along the five-lane road in front of Gwangju Mine-gu along the two-lanes.

In such cases, the driver has a duty of care to prevent accidents by driving the driver with a duty of care, such as keeping the front door and left door well and safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop in the front city while driving the vehicle, and discovered late after the victim D(58 years of age) driven by the Defendant due to the negligence of driving the vehicle before the Defendant, and received the following parts of the above SM5 vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim D and the victim F (33 years of age), and the victim G (27 years of age) by negligence in the course of performing the above duties, such as salt d and tensions that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Three copies of the written statement of the victim;

1. Actual condition survey report on drivers, circumstantial statements, and investigation report;

1. Three copies of the written diagnosis of the victim;

1. Previous conviction: Application of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense, each traffic accident shall be dealt with;

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