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(영문) 광주지방법원 2013.06.27 2013고단2102
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the same court on January 7, 201.

Criminal facts

1. Around 20:50 on March 22, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) driven a wing Truck B and proceeded two-lanes from the direction of the Gwangju Park along the direction of the Southern-dong Gwangju Park. At night, at night, the Defendant was negligent in performing duties of care to maintain and proceed with a sufficient distance from the vehicle in front of the Nam-gu Gwangju Park; (b) caused the victim C (n, 38 years of age) who stops in the traffic signal route due to negligence while under the influence of alcohol, while neglecting the duty of care to maintain and proceed with a sufficient distance from the vehicle in front of the Nam-gu Gwangju City Park; and (c) caused the damage to the said victim’s vehicle by shocking the flue vehicle behind the vehicle in front of the vehicle in front of the vehicle in front, thereby causing damage to the victim’s G and the victim’s vehicle in front of the said vehicle in front of the vehicle in front of the two weeks.

2. Around 20:50 on March 22, 2013, the Defendant driven the said vehicle by driving approximately KRW 1 km prior to the Gwangju Park located in the Southern-gu, Seo-gu, Gwangju, while under the influence of alcohol with a blood alcohol concentration of 0.18%.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, C, E, and H;

1. Each written diagnosis;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Previous conviction in judgment: Application of a copy of criminal records and a summary order;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Competition.

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