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(영문) 광주지방법원 2019.08.29 2019고단2159
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. On May 29, 2019, the Defendant: (a) around 17:10 on May 29, 2019, driven a B ice truck while under the influence of alcohol with approximately KRW 500-mn alcohol concentration of 0.144% from the sperm front of the Yongsan-dong in Gwangju Northern-gu to the front road in front of the mountain intersection in the same Dong.

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On May 29, 2019, at around 17:10, the Defendant driven the above cargo while under the influence of alcohol 0.14%, and led to the flow of the mountain intersection in the front-dong of Gwangju Northern-gu, along the two-lanes from the efficiencies to the efficience.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive the signal to the person engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant, while negligent in passing an intersection in violation of red signal, went to the right side from the Defendant’s left side of the victim C(35 years old) driving the DK7 vehicle to the right side of the Defendant’s left side, taken the front side of the Defendant’s cargo vehicle into the front part of the Defendant’s cargo vehicle’s left side, and due to that shock, the Defendant got the victim E(53 years old) driving vehicle’s front side of the said K7 vehicle in the same direction.

Ultimately, the Defendant suffered injury to the above victim C, the above victim E, and the victim G (the age of 48) who was accompanied by the said victim’s car by occupational negligence as above, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in C and E;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of Part III of a medical certificate;

1. Relevant Act on criminal facts (amended by Act No. 16037, Dec. 24, 2018).

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