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(영문) 광주지방법원해남지원 2020.12.17 2020고단309
교통사고처리특례법위반(치상)등
Text

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

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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car B high-speed car.

On May 25, 2020, at around 22:27, the Defendant driven the said low-speed car with the alcohol concentration of 0.126%, and proceeded at a speed of 87 km per hour from the cspon to the area of the parallel road located in 483, Gonam-gun, west-gun, west-gun, west-gun, Seoul, at the speed of 87km per hour.

In this case, the driver of the motor vehicle has a duty of care to drive the motor vehicle in a safe manner by thoroughly observing the front speed and complying with the speed limit, since it is an intersection where a yellow flash light is installed and the speed limit is 60 km a speed.

Nevertheless, under the influence of alcohol, the Defendant neglected this and went to the left at the right edge of the mati trucked vehicle due to the negligence of driving the speed exceeding 27 km per hour and due to the negligence of driving the restricted speed of the vehicle in front of the above mati vehicle at the top of the above mati truck, which was driven by the victim D (Nam, 64 years old) driving on the right edge of the mati trucking vehicle at the right edge of the mati truck.

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. Around 22:27 May 25, 2020, the Defendant driving a vehicle with approximately KRW 17 km from G in the front side of G in the Hanam-gun F of the Republic of Korea, which was under the influence of alcohol by 0.126% of alcohol concentration, to Cin the front side of the said parallel of Pyeongtaek, via a company located in the same military H. to the road in front of the said parallel of Pyeongtaek.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. B low-speed motor vehicle film photographs;

1. Report on investigation (to analyze speeds);

1. A medical certificate;

1. The circumstantial statement of a drinking driver, the circumstantial report of a drinking driver and the notification of the results of the regulation of drinking driving.

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