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(영문) 광주지방법원 순천지원 2016.06.22 2016고단230
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the port support of the Daegu District Court on December 15, 2009, and was sentenced to a fine of one million won for the same crime on November 7, 2014, and was sentenced to a fine of one million won or more for the same crime at the net support of the Gwangju District Court on November 7, 2014.

[Criminal facts] The Defendant is a person who is engaged in driving a Bbeta car.

On February 16, 2016, the Defendant driven the said car with a alcohol content of 0.122% 0.12% from the blood transfusion around 22:48, and driven it to the schill distance from the chill distance along the intersection of the virtue-distance, which is located in the schill-dong of the schill.

The driver of the vehicle has a duty of care to prevent accidents by accurately manipulatinging the steering gear and brakes in front of the vehicle, as the driver of the vehicle is in the atmosphere of the signal.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and was negligent in proceeding as it is, by the negligence, involved in the foregoing besa in the front part of the said besa car, and received the part behind the said Abesa car.

Ultimately, the Defendant suffered from the victim C and the victim E (the 21-year-old passenger) who is the victim of the said car from the foregoing occupational negligence, respectively, about a week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, on-site map, actual condition survey report, and evidence and photographs of the scene of the traffic accident;

1. A report on the circumstances of a driver driving a drinking and notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Each report on investigation;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of investigation report (a copy of the judgment);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 148-2(1)1 of the Road Traffic Act concerning criminal facts.

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