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(영문) 광주지방법원 2017.10.26 2017고단3364
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a tea.

On July 22, 2017, the Defendant driven the said car under the influence of alcohol level of 0.150% from blood alcohol level around 03:30 on July 2, 2017, and led to the driving of the said car in front of the “E” located in Gwangju Northern-gu D along the three-lane of the four-lane of culture and arts center from the luminous Bridge to the slope of the culture and arts center.

Since the front section was an intersection where signal lights are installed, in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the brake and steering gear while properly seeing the safety and the front section of the motor vehicle.

Nevertheless, the Defendant neglected this and received the back part of G-si driving of the Victim F (58 Doe) in the same lane, which was sent at the front side of the same lane while driving a bread while under the influence of alcohol as above, as the front part of the said car.

Ultimately, the Defendant suffered from the Defendant’s salt, tensions, etc. in need of approximately two weeks’ medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. Report on the circumstances of a driver who is in charge of driving and notification of the results of regulating drinking driving;

1. A traffic accident report, a survey report, and a photograph of the scene of the accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the same Act (the punishment shall be aggravated by concurrent crimes with the punishment stipulated for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment, but shall be punished by imprisonment with prison labor: Provided, That the lowest

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