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(영문) 광주지방법원 2015.04.08 2015고단105
교통사고처리특례법위반등
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 of the final judgment.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person driving a motor vehicle in the Grandland.

On December 207, 2014, the Defendant driven the said car under the influence of alcohol level of 0.065% at a speed of about 50km from the direction of the snow bridge to the speed of 50km, depending on the one-lane of the “Elaundry” road located in Gwangju Dong-gu, Gwangju, by driving the said car at a speed of 0.065%.

At night and at the front, there are crosswalks where signal lights are installed, and in such cases, the driver of a motor vehicle has a duty of care to check whether there is a pedestrian who gets the front door well, and to drive the motor vehicle safely according to the new code.

Nevertheless, by negligence of neglecting the influence of alcohol, the Defendant got off the right side part of the victim F (e.g., 53 years old) who dried the crosswalk from the left side to the right side in accordance with the care of the Mad pedestrian signals, and caused the victim to leave the front part of the Defendant’s car to the opposite side.

The Defendant suffered injury, such as “the 12-day medical treatment for the victim by occupational negligence,” which ought to be treated as approximately 12 weeks.

2. On December 7, 2014, the Defendant, while under the influence of alcohol 0.065% at around 20:17, driven the said vehicle to the place stipulated in paragraph (1) at the front of the Yongsan-dong, Yongsan-gu, Gwangju Metropolitan City under the influence of alcohol 0.065%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. The application of the statutes to the signal system of the distance of standing teachers;

1. Article 3(1), the proviso of Article 3(2)1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act (the occupation of occupational injury, the choice of imprisonment without prison labor), and the Road Traffic Act.

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