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(영문) 광주지방법원 2020.07.23 2020고단2131
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. Around 22:00 on April 12, 2020, the Defendant, who violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a Crocketing car on the front line of Gwangju Northern-gu B, Gwangju, while driving it along the two-lane one-lane, was temporarily stopped and stopped.

Since the ECA110 Obama of the victim D (ma, 25 years old) driving after the defendant's vehicle was at the time, the driver of the vehicle should not drive the vehicle while under the influence of alcohol, and the driver of the vehicle has a duty of care to safely drive the vehicle by examining whether there are other vehicles or obstacles in the aftermath of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol level 0.047%, did not look at the rear bank while under the influence of alcohol level 0.047% and did not cause any particular reason, caused the Defendant to suffer injury to the victim, such as climatic salt, tension, etc., which requires approximately two weeks of treatment.

2. On April 27, 2017, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment for a violation of the Road Traffic Act at the Gwangju District Court.

The Defendant driven a rocketing car listed in paragraph (1) while under the influence of alcohol concentration of about 0.047% from the front line of Gwangju Northern-gu to the front line of Gwangju North-gu B, Gwangju-gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D traffic accident;

1. Report on the occurrence of a traffic accident, and report on a traffic accident (1) and (2) (2) on the actual survey report;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. A medical certificate;

1. Previous records of judgment: Criminal records and other inquiries, and criminal investigation reports (verification of criminal records of a suspect's drunk driving and once);

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, the Criminal Act;

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