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(영문) 광주지방법원 2019.01.08 2018고단4199
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 15:00 on September 21, 2018, the Defendant driven a D body car with approximately 200 meters alcohol concentration 0.262% under the influence of alcohol in the section of about 200 meters from the roads near Gwangju Northern-gu B to the roads near Gwangju Northern-gu C.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle with D.

On September 21, 2018, the Defendant driven the said car with a blood alcohol level of 0.262% around 15:00, and led the road near Gwangjubuk-gu E from the F elementary school to the shooting distance of G apartment.

At the same time, there was a motor vehicle parked on the side of the road, so the driver had a duty of care to see the front left well and to operate the steering system accurately, and to operate the steering system safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop on the right side of the Defendant and received the rear part of the Defendant’s vehicle loaded on the I Poter Cargo on the right side of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the course of business as seen above, sustained injury to the victim, such as salt ties, tensions, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Discretionary mitigation Criminal Act;

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