(영문) 광주지방법원 2018.04.26 2018고단507

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.04.26 2018고단507

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On January 29, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on July 3, 2012, issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on March 26, 2015, the Defendant was sentenced to imprisonment for 4 months for a crime of violation of the Road Traffic Act at the Gwangju District Court and two years for a suspended sentence.

[Criminal facts] The Defendant driven a vehicle for Cubing in B as a duty.

On February 5, 2018, the Defendant was under the influence of alcohol concentration of 0.093% among the blood transfusion around 23:30 on February 5, 2018, and the Defendant continued to drive at an influent speed from the vicinity of the advanced road in Gwangju Mine-gu C to the direction of the flood area.

At the time, since the road was under the influence of night and snow, the driver has a duty of care to accurately operate the steering wheel, brakes and other devices of the motor vehicle, and the driver has a duty of care to not drive the motor vehicle at a speed, method, etc. that may cause any danger and obstacle while keeping the traffic situation at the front right and the right and right according to the road traffic situation and the structure and performance of the motor vehicle.

However, the defendant's negligence, which led to the influence of drinking, led to the driver's vehicle moving on the road, leading to the right side of the road, and the traffic sign located on the sidewalk, in front of the crime.

Ultimately, the Defendant caused the injury to the victim E (V, 34 years of age) who was on board the front line of the above vehicle due to the above occupational negligence, such as double reproduction of the right, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report (1) (2) (2)

1. Inquiries about the results of a report on detection of drivers engaged in driving and crackdown on drinking;

1. Investigation report (as to the application of the above dmark formula);

1. A medical certificate;

1. Evidence and photographs of the traffic accident scene;

1. Before judgment:

유사 판례

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