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(영문) 광주지방법원 2016.10.20 2016고단2338
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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. On May 8, 2016, at around 01:25, the Defendant: (a) driven a B-type cargo vehicle while under the influence of alcohol with approximately 0.168% alcohol concentration at the section of about 35km in the direction of the 35km-dong, Seo-gu, Gwangju, through a prisoner of war from the front side of the East-gu, Seopo-si, Busan to the roads in front of the two villages in the Seo-gu, Seo-gu.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight B.

On May 8, 2016, at around 01:25, the Defendant driven the above vehicle while under the influence of alcohol 0.168% of alcohol concentration, and made it left to the left from the side of the reservoir with two villages in the Seo-gu of Gwangju, Seo-gu to turn to the left.

In this case, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely in accordance with the new code.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left in violation of the signal, went to the right side of the Defendant’s vehicle, and brought the part of the victim C(W, 28 years old) driving from the right side of the Rocheon Reservoir to the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the injury of the victim C and the victim E, a passenger of the above QM3 car, by the occupational negligence as above, around two weeks of the injury of salt, tensions, etc., which requires the treatment for each of about two weeks, and the victim F, who is the same passenger, suffered from the injury of salt, tensions, etc. in need of the treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the actual condition survey report, the circumstantial statement of a master driver, the appraisal report, each medical certificate, and accident photographic Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) 1 and 8 of the same Act concerning criminal facts;

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