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(영문) 광주지방법원 2017.04.27 2017고단272
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of sports cars even in the field B.

On January 1, 2017, the Defendant driven the said car under the influence of alcohol content of 0.139% in blood around 15:45, while driving it, and driving it at the speed of 0.139% in the same manner as D in front of D in the city of Naju, and driving it at the speed of about 10km in south from the right side of the border to the right side of the parallel.

At that time, the defendant was followed by the vehicle behind the E DrivingF in the same direction, and thus, the person engaged in the vehicle driving duty has a duty of care to ensure safety distance to avoid the accident and prevent the accident in advance when the vehicle stops.

Nevertheless, the Defendant, while neglecting to stop a vehicle under the influence of alcohol, found it late to find out that the vehicle with low string, and received the front part of the sports vehicle with low string as the front part of the sports vehicle due to the negligence that was not avoided.

Ultimately, the Defendant suffered injury to the victim G (hereinafter, 39 years of age) who was on board the chief of a passenger car operation, with the above occupational negligence, due to approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. A survey report on actual conditions;

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

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Article 148-2 Subparag. 2 and Article 44(1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service, Order to Attend Military Service, and Order to Attend Military Service.

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