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(영문) 광주지방법원순천지원 2020.11.25 2020고단1382
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Criminal facts

On April 3, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support.

On May 16, 2020, the Defendant is a person who is engaged in driving the BK5 car, and operated the said car at around 23:45 on May 16, 2020, and led to a four-lane road in front of the C apartment at the netcheon City along three-lanes from the distance of municipal ordinance to D, at the speed of about 30km.

At all times, there is a duty of care to reduce speed and prevent accidents in advance by properly examining the front side of the vehicle, since the signal is an intersection where the signal is installed, and the vehicle was in the front line of the signal.

However, while neglecting the above duty of care, the Defendant, while under the influence of alcohol level of 0.156%, was negligent in failing to properly look at the breath while driving the vehicle while being driven by the victim E (n.e., 26 years of age) who was driven by the victim E (n., the 26 years of age).

The Defendant violated the regulations on prohibition of drinking driving at least twice, and suffered from injury to E, such as salt ties and tensions in need of medical treatment for about two weeks by negligence in the course of performing the above duties, and suffered from injury to the victim G (Nam, 27 years of age) who was on the top of the operation of the Aburd-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-C

Summary of Evidence

1. Statement made by the police on the defendant's legal statement E, report on the situation of the driver, each diagnosis of the notification of the result of the drinking driving control, the actual condition of the traffic accident (1) (2) and the scene photograph of the accident;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning the Crime, Article 268 of the Criminal Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving);

1. Punishment specified in Articles 40 and 50 of the Criminal Act;

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