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(영문) 광주지방법원 2015.01.22 2014고단4339
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cenz motor vehicle.

On September 22, 2014, the Defendant driven the said car under the influence of alcohol 0.086% (%) with a blood alcohol level of 0.086% (%) around 22:50 on September 19, 2016, and led the instant car to the intersection of the private distance in front of the coffee shop located in Gwangju Southern-gu, along the three-lane distance from the side of the same Confucian school, bypassing it from the same three-lane.

Since there is an intersection where the vehicle auxiliary signal and crosswalk signal are installed, there is a duty of care to safely drive the vehicle by checking whether there is a person crossing according to the pedestrian signal by reducing speed and checking the signal well.

Nevertheless, under the influence of alcohol, the Defendant neglected it, and caused the victim F (18 years old) and G (29 years old) who were crossing from the right side of the Defendant’s course to the left side of the pedestrian signal due to the occupational negligence by his neglect in violation of the signal.

The Defendant caused the victim F by negligence in the course of performing the above duties to suffer approximately seven weeks of brain salvy, etc., which requires medical treatment to the victim G, and the victim G suffered approximately seven weeks of salvine salvine salvine salvine salvine salvine salvine salvine salv

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F (Simplified traffic);

1. Statement on the occurrence of G traffic accidents;

1. A survey report on actual condition (1) (2);

1. Application of Acts and subordinate statutes to the general medical certificate and each medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (2) 3 of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

1. Article 37 of the Criminal Code among concurrent crimes.

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