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(영문) 광주지방법원 2020.08.13 2020고단2454
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 of B rocketing taxi.

On April 13, 2020, the Defendant driven the above taxi while under the influence of alcohol 0.109% in blood alcohol level around 23:55, and proceeded along the two-lanes between the two-lanes in the direction of the northwest Police Station from the northwest Police Station to the northwest Fire Station.

At night, its location is a private-distance intersection where signal lights are installed, so in such cases, the driver had a duty of care to reduce the speed according to the new code and to prevent the accident by driving safely by checking well the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and neglected to follow the direction of the 31st century, thereby going in parallel with the Defendant’s negligence, and thereby going in parallel with the direction of the e.g., the 125CC driving of the victim D(32 years old) driving directly along the two lanes of the 31st century, and received the right part of the e.g., the upper right part of the Defendant taxi.

The Defendant suffered injury to the victim, such as brain salvina, which requires approximately six weeks of medical treatment, due to such occupational negligence.

2. Around 23:55 on April 13, 2020, the Defendant: (a) while under the influence of alcohol at a level of 0.109%, driven B rocketing taxi over a range of about 500 meters from the front of G in the North-gu Seoul metropolitan area to the front of Gwangju Northern-gu C, while under the influence of alcohol at around 0.109%.

Summary of Evidence

1. Written statements of the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso of Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (3) 2, and Article 44 of the Road Traffic Act;

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