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(영문) 광주지방법원 2019.01.17 2018고단4719
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

On December 24, 2010, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1 million from the Gwangju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the Gwangju District Court to a fine for a violation of the Road Traffic Act on June 27, 2018.

On October 20, 2018, while under the influence of 0.185% of blood alcohol level, the Defendant driven a Bsch Rex sports cargo vehicle at a 0.185%, and proceeded in front of the Cmiddle distance intersection at the ethal police station according to the Cmiddle distance intersection at the ethal police station in the ethal order, the Defendant neglected the duty of care to safely drive the vehicle by driving the vehicle at the front part of the above endal of the endal vehicle and caused injury to the victim D (51 years of age) for about two weeks, such as 48 years of age and 2 years of age in the ethal order, and for about two weeks of age in the above ethal order, the Defendant sustained injury to the victim F. 48 years of age and about two weeks of age in the above ethal order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The circumstantial statement of the employee;

1. An accident site photograph;

1. Each written diagnosis 1. CDs

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. The provisions of Articles 40 and 50 of the Criminal Act (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents).

1. Selection of imprisonment with prison labor and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the crime of violation of the Road Traffic Act in the choice of punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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