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(영문) 광주지방법원 2013.09.06 2013고단3099
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving cars BM520;

On June 20, 2013, at around 00:40, the Defendant passed two-lanes of the two-lanes from the luminous intersection to the luminous intersection of a specialized driving school for regular motor vehicle in the dong-gu, Gwangju Metropolitan City.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to confirm whether a motor vehicle is in the atmosphere of signal by checking well the right and the right and the right of the motor vehicle and to prevent the accident in advance by driving safely

Nevertheless, the Defendant neglected this, while driving a motor vehicle under the influence of alcohol as set forth in Paragraph 2, brought the part of the motor vehicle back to the right edge of the motor vehicle driving by the victim C (W, 45 years old) who was in the atmosphere of the signal according to the stop signal of the front intersection due to the negligence of driving the motor vehicle under the influence of alcohol as set forth in Paragraph 2.

As a result, the Defendant suffered injury to the above victim and the victim E (the 20-year old-age-old) who is the above occupational negligence, for about two weeks of medical treatment.

2. Around 00:40 on June 20, 2013, the Defendant: (a) driven the Defendant’s vehicle under paragraph (1) at a section of approximately 2 km from the first apartment parking lot located in the New Mine-dong in Gwangju Mine-gu to the front day of the regular car driving school located in the Gwangjubuk-gu dongdong-dong, while under the influence of alcohol by 0.132% of blood alcohol concentration.

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. Evidence photographs;

1. Application of Acts and subordinate statutes to a written entrustment and diagnosis;

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

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

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