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(영문) 광주지방법원 2018.03.22 2017고단5491
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. The Defendant, in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, is a person who is engaged in the business of driving B Costa Car.

On December 3, 2017, the Defendant driven the said vehicle while under the influence of alcohol level of 0.171% from the blood alcohol level around 19:06, and continued to drive the said vehicle at a speed of about 40km from the north-gu, Gwangju, at a speed of about 20km from the north-gu, Gwangju, to the north-gu, Seoul.

At the same time, the victim C(69) was in the atmosphere of the signal, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering and brakes while maintaining the distance between the vehicle and the front line.

However, the Defendant, while under the influence of alcohol, led to the mistake of driving the damaged vehicle by negligence while neglecting it, led to a shocking part of the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. On March 28, 201, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act in the Gwangju District Court on March 28, 201, and a fine of KRW 3 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on July 5, 2013.

However, the Defendant, at the time of the day indicated in the preceding paragraph, driven Bone Star Corns while under the influence of alcohol content of about 0.171% at the 2km section of approximately 2km from the roads near Seo-gu Maamamam University, Seo-gu, Seo-gu, Gwangju to the same Gu to the fourth distance of the Namnam University.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the occurrence of a traffic accident;

1. A survey report on actual condition (1) (2);

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. Medical certificate (E hospital);

1. An accident.

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