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(영문) 광주지방법원 2013.09.04 2013고단2418
교통사고처리특례법위반등
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 of the final judgment.

Reasons

Punishment of the crime

1. On February 20, 2010, the Defendant violated Article 44(1) of the Road Traffic Act by driving a motor vehicle of soflured C while under the influence of alcohol 0.096% with blood alcohol content on February 23, 2010. On September 1, 2010, at around 00:08, the Defendant was under the influence of alcohol 0.078% with blood alcohol content on at least twice.

On May 12, 2013, around 05:30 on May 12, 2013, the Defendant driven a DNA-learning car under the influence of alcohol content 0.148% from the 1km section to the 2 cycle in the same new-dong located in the new-dong in Gwangju Mine-gu.

2. On May 12, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, as described in paragraph (1), driven a motor vehicle of the same learning as his/her duties while under the influence of alcohol, thereby entering the second cycle in the new Dong-dong of Gwangju Mine-gu.

At the time, a new wall was put in place, and the place was installed with a separate facility installed in the center of the road, so there was a duty of care to look at the entrance and exit of the motorway to the person engaged in driving the motor vehicle well, and enter the motorway.

Nevertheless, under the influence of alcohol, the Defendant, by negligence in the course of duty, who has entered the motorway through the exit of the motorway while neglecting it, went along the center line of the motorway with about 50 kilometers a speed of 50 kilometers per hour among the three laness, and proceeded in due direction by the victim E(the age of 41) who was driving, conflict with the front part of the trucking vehicle.

Ultimately, the Defendant by such occupational negligence, caused the injury to the victim E, such as the right hand alley, etc., which requires a four-month medical treatment, and caused the injury to the victim G (the victim 41 years of age) who is the passenger of the victimized vehicle, such as the trophy on the left hand of the water that requires a six-month medical treatment, and provided approximately five-month medical treatment to the victim H (the victim H (the victim 41 years of age) who is the passenger of the victimized vehicle.

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