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(영문) 광주지방법원 2019.11.28 2019고단3232
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On June 13, 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 Jeonju District Court's Jeonju Branch's Support on the same day, and a fine of KRW 5 million for the same crime at the Gwangju District Court on October 17, 2012, and on November 26, 2013, the Defendant was sentenced to a suspended sentence of ten years for the same crime in the same court on the same day.

【Criminal Facts】

1. The defendant is a person who is engaged in driving service of the BNAS car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 25, 2019, the Defendant driven the above vehicle while under the influence of alcohol 0.077% of blood alcohol level on July 25, 2019, and led the front side of the Gwangju Mine-gu C to proceed along the two-lanes from the side of the D Hospital to the low-speed distance.

There was an intersection where a signal, etc. is installed, and in such cases, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely proceeding in accordance with the signals by reducing speed and checking the right and the right and the right of the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding with the vehicle stop signals and received the front part of the Defendant’s vehicle from the victim E(24 years old) driving, which was proceeding in accordance with the new subparagraph, due to the negligence of the Defendant’s neglect.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury of light drums, etc., which requires approximately two weeks of medical treatment, and the injury of light drums, etc., to the victim G (23 years of age) who was accompanied by the said drumd vehicle, respectively, for about two weeks of medical treatment.

2. The Defendant violated Article 44(1) of the Road Traffic Act by driving the NAS car as stated in the above paragraph (1) while under the influence of alcohol by 0.07% of blood alcohol level as stated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. E.

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