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(영문) 광주지방법원 2017.08.24 2017고단2025
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CMW car.

On April 13, 2017, the Defendant driven the said car under the influence of alcohol level of 0.124% from blood alcohol level around 05:40 on April 13, 2017, and led to the intersection of the central intersection, which is 358, south-gu, Nam-gu, Gwangju, to proceed at an insular speed along the two-lanes from the side of the Gwangju Park.

Since there was an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with traffic signals and prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded to the red signal while driving on the left side of the victim D(34 ) driving on the left side of the cargo vehicle in the direction of the proceeding in accordance with the new subparagraph, taken over the above cargo vehicle to the front part of the said vehicle.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim the injury of brain dead sugar, etc. requiring medical treatment for about two weeks, and the victim F (22 years of age) who was accompanied by the said car, with approximately one day’s medical treatment respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A survey report on actual conditions;

1. On-site photographs of the accident site and explanation of the accident image;

1. A medical certificate and a medical certificate of nursing records;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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