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(영문) 광주지방법원 2017.09.28 2017고단2259
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

The defendant is a person who is engaged in driving of a three-dimensional motor vehicle.

On April 24, 2017, the Defendant driven the said car under the influence of alcohol content of 0.09% among blood transfusion around 15:03, while driving the said car, and turned down the road in front of the Nam-gu Nam-gu Seoul Metropolitan City Yangyang-dong University Hospital from the boundary of the main university to the monthly intersection of the main city, the two-lanes of the two-lane between the two-lanes.

In this case, there was a duty of care to ensure the safety distance from the front vehicle to the driver of the vehicle, and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did not properly conduct the pre-breath week during the influence of alcohol, and shocked the part of the back end of the victim F (M, 49 years old) driving of the victim D(47 years old) driving, which was earlier, and caused the back part of the victim F (M, 49 years old) driving.

Defendant 1 suffered from the above occupational negligence on the part of the victim H (PP) who is a passenger with a rocketing car, about two weeks of light crypoids that require approximately two weeks of treatment, and on the part of the victim F, approximately two weeks of light cryp cryp cryp cryp crypums, etc., respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, D, and H;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor for a crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and a violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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