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(영문) 광주지방법원 2015.04.16 2015고단241
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the above sentence shall be executed for two years 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 engaged in driving a B-to-pur vehicle.

On January 3, 2015, the Defendant driven the above car at around 06:00, while driving the car and driving the top-lane road along the four-lane light altitude in the dong-dong of Gwangjubuk-gu along the two-lanes from the viewing side to the dong-gu trees.

On the other hand, a vehicle driving on the same side is proceeding, so that a person engaged in driving of a motor vehicle has a duty to operate the steering gear in a safe way by accurately operating the steering gear while keeping the steering gear well.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.118%, caused a collision between the vehicle driven by the Defendant and the Central Separation Zone by negligence that operated the steering gear, and caused the collision between the vehicle driven by the Defendant and the victim C (e.g., the age of 44) who was normally driving at the first lane due to the collision with the lower part of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as a scarke, which requires approximately six weeks of treatment due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) from the front of the U.S. apartment in the Seo-gu, Seo-gu, Seo-gu, Gwangju at the time and time, to the top line road, the Defendant driven B A-purd vehicle with a light height of 3 km from the front of the U.S. apartment in the Seo-gu, Seo-gu, Gwangju to the upper line.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

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

1. Article 3(1), the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act and Article 44(1) of the Road Traffic Act concerning criminal facts (the point of driving while driving a motor vehicle).

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