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(영문) 광주지방법원 2018.01.25 2017고단5424
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 of Cunst Track Cargo Vehicles.

On November 1, 2017, the Defendant driving the above vehicle around 19:50 on the 19:1.01., and driving the front road of the Southern-gun into the Jinsung-gun, Jinsung-gun, Jinwon-ri, Jinwon-ri, G in Gwangju-do.

At the time of night, in such a case, a person engaged in driving of a motor vehicle had a duty of care to prevent an accident that is likely to properly operate the steering gear and the steering gear.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to perform his duty of 0.129% alcohol in the blood while under the influence of alcohol, and neglected to perform his duty of o.129% before the Defendant’s vehicle E (58 years old), and received the back part of the Defendant’s vehicle as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to sugar, etc. with no wife in two weeks open to give approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. On-the-spot report (on-site investigation report 1, 2), on-site photographs;

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

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

1. Article 3(1) and the proviso to Article 3(2)8 of the former Act on Special Cases concerning the Settlement of Traffic Accidents (Amended by Act No. 14277, Dec. 2, 2016); Article 268 of the Criminal Act; Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning facts constituting an offense

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 provided for in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier;

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