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(영문) 광주지방법원 목포지원 2016.10.25 2016고단927
교통사고처리특례법위반(치상)등
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

[criminal power] On January 17, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's application for the Magpoon on January 17, 2008, and a summary order of KRW 1.5 million for the same crime at the Gwangju District Court on December 5, 2008.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle BM5 vehicle.

On July 31, 2016, the Defendant driven the said car with a blood alcohol content of 0.062% 0.062%, and continued to drive the said car at a speed of about 60 km from the side of the “Thoho-gu, Young-gun, Samho-gun,” a large-distance intersection in front of the “Thohoan apartment”, which is located in the 8-ro 55 U.S. Taeho-gu, Youngnam-gun, Seoul, Seoul, to drive the car at a speed of 50km depending on one-lane.

At this point, the driver of a motor vehicle has a duty of care to check whether the driver of a motor vehicle temporarily stops to cross the motor vehicle by reducing the speed or temporarily stopping the motor vehicle, and to prevent the accident by driving the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving at a reduced speed or temporarily stop without temporarily stopping, entered the said intersection to the “bridge distance” on the side of the “M5 vehicle.” The Defendant received the back part of the driver’s seat on the drive of the said SM5 vehicle in front of the said SM5 vehicle by entering the said intersection and proceeding to the “bridge distance” from the “M5 vehicle.”

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim, such as the impairment of the quality of the second volume, which requires treatment for about two weeks, and the injury to the victim E (V, 56 years old), who was accompanied by the head of the car operation in the above girra, suffered from each injury to the victim E (M, 56 years old) who was accompanied by approximately two weeks of medical treatment for an open two weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) shall be committed by the Defendant, at the time and time set forth in paragraph (1) of this Article, Samho-gu, Youngnam-gun.

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