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(영문) 광주지방법원 2020.05.14 2019고단5298
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 is a person who is engaged in driving B B truck in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 29, 2019, the Defendant, while under the influence of alcohol from blood alcohol level of 0.034% on November 16:05, 2019, she proceeded with an intersection road in the Geongsung-gun of Geongsung-gun of the Republic of Korea from the 1st line advancement of national highways to the north-west bank.

In this case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to prevent the accident by emphasizing the front side and the left side and accurately manipulating the steering and brakes.

Nevertheless, under the foregoing negligence, the Defendant found the victim C (year 51) who was driving on the left-hand side of the running direction of the Defendant due to the negligence that the Defendant was under the influence of alcohol at a late time, and received the front part of the victim’s vehicle on the left-hand side of the Defendant’s vehicle.

The Defendant, due to such occupational negligence, caused the victim to suffer bodily injury, such as fluoral salt, for about two weeks in need of medical treatment.

2. On January 10, 2012, the Defendant was issued a summary order of KRW 700,000 by the Gwangju District Court as a crime of violating the Road Traffic Act.

On November 29, 2019, the Defendant driven B Poter Truck from approximately 9 km to the roads near the Jeonnam-gun E at the time of the accident while under the influence of alcohol of 0.034% of blood alcohol level around 16:05.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A traffic accident report;

1. A medical certificate;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and the Criminal Act;

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