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(영문) 광주지방법원 2017.09.21 2017고단3080
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a B-learning car.

On July 2, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.126% among the blood transfusions on July 2, 2017, and moved to the right-hand edge of yellow port sail line from the side of the Jeju Railroad Park.

Since there is an intersection that is not supported by traffic control, there was a duty of care to check whether a person engaged in driving a motor vehicle has entered the intersection first by reducing the speed or temporarily stopping the motor vehicle, and to check and drive the motor vehicle.

Nevertheless, the Defendant, who is under the influence of alcohol and stops in opposite parts due to negligence while driving, was immediately found to be a F A3 car driven by the injured party E (60 years old) and was working to avoid it. However, the Defendant was unable to avoid it, and was placed on the left-hand side and fences of the vehicle driven by the Defendant in front of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as chills, tensions, tensions, etc. that require approximately two weeks of treatment, the injury to the victim G (68 years of age) on the part of the damaged vehicle, as well as the injury to the cream, tensions, tensions, etc. that require approximately two weeks of treatment, and the injury to the same victim H (57 years of age) that requires approximately two weeks of treatment.

2. On July 2, 2017, the Defendant violated the Road Traffic Act (drinking) driving a B-learning car at a section of about 700 meters from the J, which is under the influence of alcohol content of 0.126% during blood transfusion, from July 19, 2017, to the private distance in front of the D-cafeteria cafeteria located in Naju City, from the J, the Defendant was under the influence of alcohol content of 0.126% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report;

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