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(영문) 광주지방법원 2021.02.24 2020고단5713
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On January 13, 2011, the Defendant had been sentenced to a fine of two million won due to a violation of road traffic law at the Jeonju District Court on January 13, 201, but was under the influence of 04:20 on October 31, 2020, the Defendant, while driving the said vehicle at around 04:163% under the influence of alcohol while driving the vehicle, and driving the two-lane road in the direction of light in the vicinity of the large sight.

At night and its location is frequent vehicle traffic. In such a case, even though a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating steering the steering direction and brakes accurately, the defendant was negligent in violating the duty of care due to driving while under the influence of alcohol, and the victim C ( South, 60 years old) who was driving along the two lanes in the same direction changed the Gap-on line, and was directly driving along the two lanes in the same direction, the part on the left side of the driver's vehicle of the defendant was full part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of a traffic accident in the police statement protocol to C (the actual investigation report);

1. Statement on the circumstances of the driver who makes a notification of the result of regulating the driving of drinking;

1. A general medical certificate;

1. Evidence and photographs of the traffic accident;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 38 (2), and Article 50 (Concurrent Punishment) of the Criminal Act.

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