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(영문) 광주지방법원 해남지원 2019.06.20 2019고단148
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

around 19:00 on April 9, 2019, the Defendant got to proceed from the side of the D cafeteria to the public parking lot.

A person engaged in driving motor vehicles has a duty of care to accurately operate the steering gear and brakes and to safely drive the motor vehicle so as to prevent accidents by safely operating the motor vehicle with a duty of care.

Nevertheless, the Defendant neglected this and neglected to drive the said cargo under the influence of 0.168% of blood alcohol level without obtaining a driver’s license, and neglected to drive the said cargo at the front time, thereby neglecting to drive the said cargo at the front time, and received a part of the Fpoter car after the head of the Fpoter car driven by the victim E (the age of 36).

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and suffered injury on the victim G (the 27 years of age) who is a passenger of the said car, including salt, tensions, etc. in need of medical treatment for about two weeks.

2. On April 9, 2019, the Defendant driven B Poter cargo while under the influence of alcohol by 0.168% without obtaining a driver’s license at a distance of about 20 meters from the first road located in Heungnamnam-gun, Namnam-gun, and C at a distance of about 19:00 to the preceding road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report on actual condition, investigation report on control details, circumstantial statement of a drinking driver, and notification of the results of the crackdown on drinking;

1. The register of driver's licenses (the No. 4 lists of evidence);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3(1), the proviso of Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the Road Traffic Act.

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