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(영문) 광주지방법원 2020.07.23 2020고단1848
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 15:55 on March 31, 2020, the Defendant: (a) driven a rocketing traffic-related vehicle under the influence of alcohol level of 0.152%; (b) led the Defendant to drive the vehicle under the influence of alcohol level of 0.152%; and (c) led to the course of bypassing the road front of the extreme bridge located in the new village of Gwangju Mine-gu from the right edge to the regular district at a speed on the right edge of the road.

In such cases, a driver of a motor vehicle has a duty of care to accurately operate steering devices, brakes and other devices, not to drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others depending on road traffic conditions, etc., and to make a safe report on the traffic situation in front and prevent accidents by safely driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant is under way bypassing while neglecting this.

In order to make a right-hand from the same direction, the victim C(W, 24 years old) driven by the Dcelltotop car driver's seat, followed by the driver's seat of the Defendant's vehicle, received the part of the driver's seat in front of the chief driver of the Defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as catum salt and tension, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. The Defendant was issued, respectively, by the Gwangju District Court, a summary order of KRW 2 million on June 11, 2007, and a fine of KRW 3 million on July 14, 2008.

At around 15:55 on March 31, 2020, the Defendant driven a Brocketing Pacific vehicle from the 50th section to the 50th section of the 50th section of the 2nd section of the 2nd section of the 2nd section of the 50nd section of the 2nd section of the 2nd section of the 2nd section of the 2nd section of the 2nd section of the 2nd section of the Gwangju

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The circumstantial statement of an employee will be made;

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