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(영문) 광주지방법원순천지원 2020.12.17 2020고단1047
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 21, 2010, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

The defendant is a person who is engaged in driving of the BNS car.

On March 31, 2020, the Defendant driven the said car while under the influence of alcohol 0.036% of blood alcohol level around 22:20 on March 31, 2020, and led the D's front distance in the net city C to the Emweon surface from the side of the native post office.

At the same time, the signal was installed, so there was a duty of care to reduce the speed to those engaged in driving, to live well before the road, and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, the Defendant neglected this and continued to proceed in violation of the signal even though the vehicle signal was a stop signal, and the part of G QM6 car driving G QM6 car driven by the injured party F (Seoul, 52 years old) which was proceeding in accordance with the new code from the right side of the course to the left side was also turned forward to the right side of the given NAS car.

Ultimately, the Defendant suffered from the injury of the victim F and the victim H (ma, 36 years of age) who boarded the damaged vehicle by occupational negligence as above, such as salt, tension, etc. in need of treatment for about two weeks, respectively.

Summary of Evidence

1. Statement A and F written statement of the defendant;

1. Report on the circumstantial statement of a drinking driver, report on traffic accident (1) (2) and report on actual condition;

1. A medical certificate for each type of video boomor video CD as a result of the crackdown on drunk driving;

1. Previous records: Application of inquiries, such as criminal records, and a copy of a summary order;

1. Article 3(1) and proviso of Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) concerning criminal facts.

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