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(영문) 광주지방법원 2015.04.09 2015고단48
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On December 3, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), while under the influence of alcohol 0.122% by blood alcohol concentration, the Defendant driving of Bcoon-type Bcoon-type, while under the influence of alcohol 0.122%, led to two-lanes of Ccoon-type, located in the north-gu dongdongdongdongdong-dong, Gwangju, to the dong-dong dong

At the time, the surface was somewhat iced, and at the same time, the victim C(the age of 47) was driving in one lane against the opposite mast, and the victim C(the age of 47) was driving.

In such cases, the defendant engaged in driving service has a duty of care to reduce speed and to operate safely by properly operating the steering and steering system.

Nevertheless, the Defendant neglected this and caused the Defendant’s fault in driving the Defendant’s vehicle, thereby breaking the center line, and caused the Defendant’s front portion of the taxi that was damaged by the chief part of the Defendant’s vehicle. Accordingly, the Defendant sustained injury to the Victim C, such as cage cage cages and closed on the right side, which requires approximately 6 weeks of treatment, and suffered injury, such as dump cages and tensions, which require approximately 3 weeks of treatment to the victim E (the 18-year-old passenger) who is the victim of the victimized taxi.

2. The Defendant violated the Road Traffic Act (driving) at the same time and place as set forth in paragraph (1) of the same Article, the Defendant driven a bandon truck with approximately 3 km of alcohol 0.122% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A report of E;

1. The actual condition survey report;

1. Photographs;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to written assessment of blood alcohol and written report on drinking drivers;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Handling 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 facts constituting an offense (a point of sound driving);

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

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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