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(영문) 광주지방법원 2014.10.14 2014고단3021
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 June 19, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Jeonju District Court’s branch court, and on April 22, 2011, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime from the same court.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a B-car.

around 01:30 on April 17, 2014, the Defendant continued to proceed with the 22th national highways from the territory of Young-gu, Young-gu, Young-gun to Gwangju-si.

At the time, it was night and at the same time, the two-lanes of the two-lanes, so there was a duty of care to prevent accidents by driving a person engaged in driving a motor vehicle with a duty of care to reduce speed, to live well, and to safely drive the motor vehicle along the lane.

Nevertheless, the Defendant neglected this while under the influence of alcohol and proceeded with the centralized separation zone on the left-hand side of the running direction by negligence without reducing the speed while under the influence of alcohol, and continued to take the side of the driver's seat of the car driving, and received a guard day on the right-hand side of the driving direction.

Ultimately, the Defendant suffered injury to the victim C (V, 20 years of age), D (V, 19 years of age) who was accompanied by the said car due to the foregoing occupational negligence, such as catum salt, etc. for about two weeks of medical treatment.

2. Around 01:20 on April 17, 2014, the Defendant driven B-car under the influence of alcohol alcohol concentration of 0.082% from the road front of the “Cheongdog-ho-ho,” which was located in the Shin Young-gun, Young-gu, Young-gu, Young-gu, Seoul, to the national highways of the same military 22km.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Written statements of D;

1. The actual condition survey report on traffic accidents, field photographs, etc.;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Each written diagnosis;

1. A previous conviction in judgment:

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