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(영문) 광주지방법원 2016.02.04 2015고단4306
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Cknife car.

On May 29, 2015, at around 02:00, the Defendant driven the three-lane road in front of the upstream line of the Trithn Trithn in the Seo-gu, Seo-gu, Seo-gu, Gwangju, at a speed that is impossible to identify one lane by driving the said vehicle on the opposite side of the Trithn Tolthn, and driving the said vehicle at a speed that is difficult to identify.

Since there is a separation of the center as a concrete fence, the driver of the vehicle has the duty of care to protect the driver of the vehicle's vehicle and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did so, and the Defendant conflict with the front part of the Defendant’s vehicle, the front part of the victim D(37 Do) driving on the victim D(37 Do) driving from the opposite direction to the pactol.

As a result, the Defendant suffered injury, such as a pelle to the right pelle to the right pelle, the right pelle to the right pelle, etc., which requires approximately 14 weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a car under the influence of alcohol level of about 0.078% from the 10km section of blood alcohol level on the road in front of a mutually influorous restaurant near the Southern Young-gu, Gwangju Metropolitan City, to the above accident site, on the day, a car under the influence of alcohol level of about 10km.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

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

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