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(영문) 광주지방법원 2017.09.21 2017고단3511
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of B rocketing and other automobiles.

On August 3, 2017, around 21:00, the Defendant continued to run on the front side of the D in Gwangju Nam-gu, Gwangju, using three-lanes of the fourth parallel road from the south-gu, Gwangju high level.

At the time, the vehicle was at night and at the front, and in this case, there was a duty of care to prevent accidents in advance by accurately manipulating the front and rear left and right of the vehicle driver and the steering gear.

Nevertheless, Defendant 1, while under the influence of alcohol content 0.170% in blood, was negligent in driving the front section of the vehicle at the front section of Defendant 1’s driver’s vehicle by negligence without properly examining the front section. The lower part of Defendant 2’s driver’s vehicle was followed by a driver’s driver’s driver’s vehicle E ( South, 22 years old) driving, which was driven by the vehicle at the front section of the vehicle.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim E the injury of the right shoulder and tensions that require approximately two weeks of medical treatment, and on the part of the victim G (V, 22 years of age) who was on the part of the damaged vehicle, the Defendant suffered from the injury of light salt, etc. for about two weeks of medical treatment.

2. Defendant 1 driven a vehicle as set forth in paragraph 1 above, while under the influence of alcohol content of approximately 0.170% from the section of approximately 3 km from the roads near Busan-dong, Busan-gu, to the places described in paragraph 1 of this Article, at the time of the day indicated in paragraph 1 of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G preparation;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Evidence photographs at the scene of the accident;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of each general medical certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Criminal Act concerning criminal facts.

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