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(영문) 광주지방법원 2016.11.03 2016고단2923
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person driving B rocketing or another car.

On May 25, 2016, at around 17:22, the Defendant driven the above vehicle while under the influence of alcohol of 0.128%, and driven the above vehicle at a speed of about 40 km in the Sinsan At a speed of about the speed of about 40 km from the surface of the air, near the kingn Central Intersection, which is located at the kingn-si, the kingn-si, the kingn-si.

At this point, there is a center line of yellow solid lines, so in such a case, a person engaged in driving service has a duty of care to pass along the right side without breaking the center line.

Nevertheless, under the influence of alcohol, the Defendant neglected this and got the front part of the left side of the freight vehicle in front of the left side of the Defendant’s vehicle by driving the victim C (year 76) driving, which was going on the opposite lane due to the negligence of the Defendant driving the center line.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as half half-yearly flag, tear, etc., which requires treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) driving the vehicles listed in paragraph (1) at a section of about 7 km from a dry field adjacent to the dry field located in the air field in the city of Si/Gu in a state of 0.128% alcohol level at the time and time specified in paragraph (1) to the site of the accident described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on traffic accident evidence and photographs, such as a survey report on actual condition, a report on the circumstantial statement of a drinking driver, a inquiry into the results of the control of drinking driving, a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1), proviso of Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, and imprisonment with prison labor;

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